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FRIDAY, NOVEMBER 1, 2013

14 THE HINDU I BANGALORE, FRIDAY, NOVEMBER 1, 2013EDITORIAL

In the past few days, political parties have vied

with each other to lay claim to the political legacy

of India’s first Home Minister, Sardar Vallabhb-

hai Patel, and to build their own partisan narra-

tives around the beliefs that are thought to have

defined him. As elections approach, the re-imagining of

Patel as one of India’s strongest leaders is clearly in-

tended to shore up the images of the respective leaders

invoking his memory. The Congress, led by Prime Min-

ister Manmohan Singh himself, has claimed ownership

of Patel on the ground that essentially, he was a loyal

Congressman. The Bharatiya Janata Party under Na-

rendra Modi has not just recast Patel in its own image

but has sought to project a historically unsound thesis

that there was a divide between the two greats of pre-

and post-Independence India — Patel, and the first

Prime Minister, Jawaharlal Nehru. The historical re-

cord is quite to the contrary. Both leaders held each

other in the highest esteem. They disagreed on the

execution of certain policies but they placed the in-

terests of the newly-born nation above everything else,

and repeatedly reaffirmed their faith in each other.

Unfortunately, current-day politics thrives on dramat-

ic stereotypes designed to excite the popular imag-

ination, which inevitably sacrifices the nuances and

subtleties of the real historical picture.

Mr. Modi has conflated Patel’s role in integrating

India into a united, independent nation with projec-

tions for how the country might have fared had he been

at the helm instead of Nehru. Given that Patel died in

1950, such theoretical speculation is futile. Patel had

real concerns that the welding together of the states —

the stimulus for which he admitted “has come from

above rather than below” — would not hold, leading to

the “danger of collapse and chaos,” according to V.P.

Menon, Patel’s close confidant. It is a tribute to that

remarkable nation-builder that the Indian Union has

not just survived but is today a force to reckon with

globally, as a leading democracy. The BJP’s political bid

to reposition Patel’s place in the Indian pantheon of

heroes is of a piece with its angst at the perceived

dominance of the Nehru dynasty. It is indisputable that

more than half of all Centrally sponsored schemes and

programmes are named after one or another member

of the Congress’s ‘first’ family. Yet, the question arises

if the only way to correct this imbalance is by building

the tallest statue anywhere of the Sardar. Had he been

alive today, Patel would have been distressed at this

showmanship, especially knowing the objective of the

exercise was to elevate him over Nehru with whom, as

he noted in a letter, he shared “mutual love and regard.”

Rediscovering Patel

Two questions have increasinglytaken centre-stage in discussionsabout what might happen in Af-ghanistan after United States with-

drawal in 2014. One, if it will become a proxybattlefield for India and Pakistan, the two bigSouth Asian rivals, and two, if anything canbe done to prevent this.

William Dalrymple, for instance, wrote inan essay for Brookings Institution this yearthat beyond Afghanistan’s indigenous con-flicts between the Pashtuns and Tajiks, andamong Pashtuns themselves, “looms themuch more dangerous hostility between thetwo regional powers — India and Pakistan,both armed with nuclear weapons. Their ri-valry is particularly flammable as they vie forinfluence over Afghanistan. Compared tothat prolonged and deadly contest, the U.S.and the ISAF [International Security Assist-ance Force] are playing little more than a bitpart — and they, unlike the Indians and Pa-kistanis, are heading for the exit.”

The assertion is not new. Western com-mentators have long put out that the newgreat game in Afghanistan is going to bebetween India and Pakistan. The theory goesthat India’s search for influence in Afghan-istan makes Pakistan insecure, forcing Isla-mabad to support and seek to install proxyactors in Kabul to safeguard its interests, andthat this one-upmanship is one of the biggeststumbling blocks to stability in that country.As 2014 nears, the idea has naturally gainedbetter traction.

India would have several problems withthis formulation. The foremost is that such atheory panders to the Pakistan security es-tablishment’s doctrine of strategic depth, inthe pursuit of which it sees a third, sovereigncountry as an extension of itself.

India, for its part, views its links to Af-ghanistan as civilisational, and its own in-terests there as legitimate. Itsdevelopmental assistance to Kabul now tops$2 billion and it has undertaken infrastruc-ture projects in Afghanistan. And, if the sit-uation allowed, Afghanistan could become

India’s economic gateway to Central Asia.New Delhi also believes the “proxy war”

theory buys into Islamabad’s allegationsagainst India that it refutes as baseless. Sinceabout 2005, Islamabad has alleged that Indi-an consulates in Afghanistan, especially inJalalabad and Kandahar, which are close tothe Pakistan-Afghan border, are a cover foranti-Pakistan activities. It alleges that Af-ghanistan is where India arms and fundsBaloch secessionists. And after the Talibanunleashed a relentless campaign of terrorinside Pakistan, allegations are rife that sec-tions of them are on India’s payroll.

The Indian position would be that if thereis a war, it will actually be a one-sided one, inwhich Pakistan targets Indian interests andIndians in Afghanistan through its proxies.The latest was the attempted bombing of theJalalabad consulate in August. The dead-liest, the bombing of the Kabul embassy inJuly 2008, was linked by the Americans tooto the Haqqani network, a faction of theTaliban that is widely viewed as a proxy ofthe Pakistan security establishment. Despiterepeated prodding by the Americans, the Pa-kistan Army has made it clear it will not goafter safe havens of the Haqqanis in the Fed-erally Administered Tribal Areas.

New Delhi’s concern

Concerned that any instability in Afghan-istan is certain to spill over across Indianborders, over the last two years New Delhihas suggested repeatedly to Islamabad thatthe two sides should talk about Afghanistan.But as Pakistan has emerged as a key playerin facilitating talks with the Taliban, andwhile it has no problems talking to everyother country with an interest in Afghan-istan, including Russia and China, it has

cold-shouldered India. The ideal coursewould of course be for trilateral talks in-volving Kabul, Islamabad and New Delhi.For, Afghanistan is not just a piece of strate-gic real estate but a sovereign country madeup of real people.

Right now, though, Pakistan is averse toany idea of talks on Afghanistan, believe as itdoes that India has no role in there, and thattalking would give legitimacy to New Delhi’sclaim that it does. It already resents theIndia-Afghanistan Strategic PartnershipTreaty.

Divergence on view

The divergence surfaced starkly at a re-cent Track-2 dialogue convened by Frie-drich Ebert Stiftung — a German think tankassociated with the Social Democratic Party,which brought together retired bureaucrats,former generals, journalists, civil societyrepresentatives as well as one politician eachfrom the two countries. One of the issuesthat came up for discussion was if there wasat all a need for India and Pakistan to talkabout Afghanistan.

Most, but not all, Pakistani participantsand some Indians too were of the view thattalking about Afghanistan was impossible solong as tension between India and Pakistanremained, and that right now Islamabad wasin any case too preoccupied with the ‘recon-ciliation’ process in Afghanistan.

A suggestion was made by an Indian par-ticipant that in view of the approaching U.S.-set deadline for the withdrawal of its troops,and the possibility that a dialogue on othersubjects between India and Pakistan wasunlikely to resume until after the 2014 Indi-an elections, the two sides should considerdiscussing Afghanistan as a standalone sub-

ject in the interim. But this was dismissed bymany Pakistani participants. Why shouldPakistan jump to talk on something simplybecause India considered it important,asked one, when on every other issue, NewDelhi behaves as if talks are a huge conces-sion to Islamabad — including the recentManmohan Singh-Nawaz Sharif summit inNew York.

But a far-sighted approach perhaps wouldbe to consider that none of the likely scena-rios in Afghanistan after the U.S. drawdownlooks pretty, and to weigh the consequencesfor Pakistan itself especially if, as one Pakis-tani participant rightly suggested, the Tali-ban refuse to play Islamabad’s puppet; afterall, they did not when they ruled Afghanistanfrom the late 1990s to 2001. As well, theAfghan presidential election, to be held inApril 2014, is sure to have its own impact,though it is still anyone’s guess if it will beheld and whether the country will make apeaceful democratic transition. In Pakistan,many commentators believe the backwashfrom Afghanistan post-2014 is dangerouslygoing to end up on its western/north-west-ern borders. Strategic depth no longer holdsPakistanis in thrall the way it used to in thelast century. A Pakistani participant pointedout, only half-jokingly, that his country hadended up providing strategic depth to Af-ghanistan through its two wars, rather thanthe other way around.

As for the view that Pakistan and Indiacannot talk about Afghanistan without re-pairing their own relations first, it might beworth considering if such a discussion couldactually contribute to reducing bilateral ten-sions, given that the concerns over Afghan-istan do not exist in a vacuum but arise fromother problems in the relationship betweenthe two. It could even provide the opportuni-ty the Pakistan side has long wanted to bringup with New Delhi its concerns aboutBalochistan.

By rejecting Kabul’s entreaties to NewDelhi to play a bigger role in securing Af-ghanistan post-2014 than just training Af-ghan security forces, India has signalled it issensitive to Pakistan’s concerns. As Afghan-istan’s immediate neighbour, Pakistan isright to claim a pre-eminent stake in whathappens in there, and India should have noquarrel with this. As was pointed out at theTrack-2 meeting, Pakistan has suffered themost from the two Afghan wars; it providedrefuge to Afghans during the first war in the1980s. More than 100,000 Pakistanis live inthat country. The two countries are linkedby ethnicity, culture and religion; over55,000 Afghans cross daily into Pakistanthrough the two crossing points Torkhamand Chaman, not to mention the hundredswho cross over the Durand Line elsewhere.

What Pakistan could do in return is toacknowledge that as an important regionalactor, India too has legitimate interests inAfghanistan, and also as a route to CentralAsia. After all, if Pakistan considers itself tobe the guard at the geo-strategic gateway toAfghanistan, it must also recognise thatsquatting at the entrance can only serve toneutralise rather than increase the gate’sgeo-strategic importance. On the otherhand, India-Pakistan cooperation in Afghan-istan could open up a world of opportunitiesfor both, and who knows, maybe even lead tothe resolution of some old mutual problems.As both countries grapple with new tensionson the Line of Control, Afghanistan mayseem secondary on the bilateral agenda. Inreality, it may be too late already.

nirupama.s@thehindu.co.in

A great game that all sides can winNirupama Subramanian Pakistan is averse to discussing Afghanistan

with India, fearing that would legitimiseIndia’s interests in that country. But it wouldbe in the interests of all three to do so

Fight for legacyIt is amusing that after virtuallyignoring Sardar Patel, one of thetallest leaders India has everproduced, for almost six decades,the Congress has suddenlyremembered that he was aCongressman. How many in theCongress or the BJP know thatOctober 31 is his birth anniversary?Patel united India and neverbelieved in divisive politics. Had hebeen our first Prime Minister,surely India would have beendifferent. Instead of fighting overhis historical legacy, politicianswould be doing a great service ifthey developed his strength ofcharacter, honesty and concern forthe well-being of his compatriots.He belongs to the whole nation.

K. Vijayaraghavan,Hyderabad

There is no doubt that India wouldhave been different had Patel beenthe first Prime Minister. Butdifferent kinds of problems —other than dynastic politics orKashmir — would have existed.Both Patel and Nehru were truenationalists even though theirperceptions differed. Comparingthem and playing politics overtheir legacies is a mark ofdisrespect to both of them.

G. Mani Sankar,Karur

Nehru is perhaps one of the mostmisunderstood leaders, withpeople accusing him of beingextremely idealistic, indecisive andweak. But none of the chargesmakes sense, especially when hisdecisions are viewed in the light ofthe uncertainty that prevailed afterindependence. It was only due tohis able leadership in thoseturbulent times that values likesovereignty, democracy and, aboveall, strict adherence to theConstitution were deeply imbibed.With the passage of time, we havestarted taking these values forgranted and started questioning

Nehru’s role in nation building.Arsh Panwar,

Bathinda

The contention that India wouldhave been different had Patel beenthe country’s first Prime Ministeris hypothetical. Every leader hashis plus and minus qualities. Canwe say India would have been moreprosperous had Gandhiji been thefirst Prime Minister? A great leaderneed not necessarily be asuccessful Prime Minister.

A. Abdul Razack,Perundurai

The BJP has chosen NarendraModi as its prime ministerialcandidate for 2014 because it seeshim as the most charismatic leader,even though Sushma Swaraj andL.K. Advani have better credentialsto become Prime Minister.Jawaharlal Nehru was theprincipal hero of the 1940s andSardar Patel had no chance tooutdo him. Mr. Modi ought torealise this fact. Fifty years fromnow, people may say similar thingsabout him.

T. Santhanam,Chennai

The sermons of our Prime Ministerand the Prime Minister-in-waitinghave eclipsed the real issue of heroworship in the form of putting upstatues. If statues really worked,Gandhiji’s nation would have beenprosperous; Ms Mayawati’s Statewould have been equitable; and theU.S., where the Statue of Libertystands tall, would not haveinfringed on civil liberties. Let usremember our leaders by readingabout them and celebrating theirspirit in our day-to-day life.

Ginny Gold,New Delhi

Every time Sardar Patel ismentioned in the media or politicaldiscourses, with people saying‘Patel would have been a betterPrime Minister;’ ‘Patel and Nehrudidn’t get along,’ I feel like Woody

Allen in one of the scenes fromAnnie Hall. Just as he wishes thatMarshall McLuhan would comeout of nowhere and chastise apseudo-intellectual professorstanding behind him in a queue,rambling incorrect things aboutMarshall’s works, I too wish SardarPatel would emerge from nowhereand confirm that all those speakingabout him have actually notstudied history, his life or hisworks.

Aruna Rajan,Bangalore

Anti-communal frontThe coming together of 14 non-Congress, non-BJP parties to fightcommunalism will indirectlysupport the Congress, as most ofthe parties have at some point oftime supported the Congress. Assuch, it is an opportunistic alliance.

The idea behind the Conventionfor People’s Unity AgainstCommunalism is to see that theBJP does not get any advantage. Inthe worst circumstances, theCongress will become the favouriteof the group. Communalism is astrange word that can beinterpreted according to one’swhims. Although it needs to beeliminated from politics, it isunfortunate that corruption hasbeen relegated to the background.As of now, the third front can onlyplay spoilsport. It may find gettingvoter acceptance difficult aspeople’s preference is nowshortlisted between the Congressand the BJP.

G. Ramachandran,Thiruvananthapuram

Irrespective of what theparticipating parties said at theconvention, it seemed they wantedto judge whether they would havethe numbers to form another front.Anti-communalism conventionswill only foster communalism bymaking communal identitiesstronger.

Sweety Gupta,Delhi

UnfortunateIt is sad that 45 precious lives werelost in the fire as a Volvo bus wentup in flames after hitting a culverton the Bangalore-Hyderabadnational highway. The regulatoryauthorities should have a visionand put in place measures toprevent such calamities.

Why are hammers not providedin buses so that passengers canbreak the windows and get out?Unfortunately in this country,there is no accountability.

K.V.L.N. Sharma,Secunderabad

It is time the transport departmentmade two exits mandatory in Volvobuses and other luxury coaches. Istrongly recommend that fireservice stations and first aidcentres be set up at every 50 km ofour national and State highways.

M. Mangalaprathaban,Pollachi

It is easy to blame Volvo busesthemselves for the ghastlyaccident. But they perhaps havethe best safety systems. They arevery powerful and need to behandled only after receiving propertraining. It is frightening that thesebuses are mostly driven at veryhigh speed on highways. Everytime I travel by a Volvo bus, I feeljittery till I reach the destinationnot because of the bus itself but themanner in which it is handled.

The Bangalore-Hyderabadhighway is one of the best highwayswith a lot of reflective markers,both on the lane dividers as well asalong the central median. With somany operators running Volvobuses throughout the country, it issad that there is no system in placeto make their operation safer.

S. Adishankar,Hyderabad

On kushtiThe articles on kushti (wrestling)by P. Sainath (Oct. 30 & 31) wereinteresting. To popularise and

economise wrestling, we need tochange our thinking. What ruinedour hockey was our refusal tochange. The sooner we adaptourselves to mat wrestling, thebetter we will be placed to bringhidden rural talent to themainstream.

Governments and defunctassociations need to be pressuredfor subsidised infrastructure. Dietneeds re-vitalisation so that ourwrestlers can tackle modernwrestlers.

As for training, instead offocussing on heavy moves, we needto have smart, agile wrestlers. Ihope, like Mr. Sainath’s reports onfarm suicides, his articles onwrestling will also catch theattention of policymakers.

Vikram Rajapure,Lucknow

Rights violationSuhasini Haidar’s article “The casefor making it to Colombo” (Oct. 29)does not acknowledge that humanrights are a universal concept, andmust form the basis of India’sforeign policy. Jawaharlal Nehru,who Ms Haidar quotes, believedthat arguments of state sovereigntymust not be allowed to block thedefence of human rights. “Wherefreedom is menaced or justicethreatened or where aggressiontakes place,” Nehru said, “wecannot be and shall not be neutral.”

India is now a global player, andwith its new power come newhuman rights responsibilities: ofputting principle above narrowpolitical interests; of acting notfrom fear or opportunism, but fromrespect for freedom and justice.Branding Amnesty International awestern organisation would meanslighting the voices of two millionIndians who support AmnestyInternational India’s Justice in SriLanka campaign.

G. Ananthapadmanabhan,Chief Executive,

Amnesty International India,Bangalore

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

India has repeatedly seen incidents where the

screening of films, certified by the Central Board

of Film Certification, has been halted. Extremist

groups threaten public order, and claim commu-

nity ‘sentiments’ have been ‘offended’. Rather than

take on such forces, State governments have often

caved in, unwilling to invest political and adminis-

trative capital in the protection of the freedom of ex-

pression. Earlier this year, in the wake of the

controversy over the ban on Vishwaroopam, the Minis-

try of Information and Broadcasting set up a commit-

tee under Justice Mukul Mudgal to revisit the entire

legislative framework. The report has now been made

public. It recommends a new procedure for appoint-

ments to advisory panels, which actually view films. It

is on the basis of their recommendations that the board

issues certification. Unfortunately, membership to

such panels is often distributed as political patronage.

For certification, the committee has adopted two guid-

ing principles — “protection of artistic and creative

freedom,” and remaining “socially responsible and sen-

sitive to values and standards of society.” But the dan-

ger is that such phrases can be used to stifle free speech.

But it is with regard to the government’s power to

ban films that the committee comes up with a new set

of recommendations. It upholds the principle that ex-

hibition of a film already certified shall not be suspend-

ed. This is in line with the landmark 1989 judgment in

the case of S. Rangarajan v Jagivan Ram involving the

film, Ore Oru Gramathile, where the Supreme Court

laid down that “freedom of expression cannot be sup-

pressed on account of threat of demonstration and

processions or threats of violence.” The committee also

concludes that the Central government is the “sole

repository of legislative power and executive action”

regarding exhibition of films. In instances where a

public exhibition “leads to a breach of public order” or

can potentially do so, the Centre can — the committee

suggests — order the suspension of the exhibition.

While allowing such orders, the committee makes the

point that it has inserted additional caveats. It has

taken away the power from State governments the

power to ban films. It has stipulated that film producers

be given an opportunity to explain their side of the

story first. Such orders, it says, are justified only in the

case of threats to “public order,” not merely “peace.” It

should be passed only after public screening and not

prior to intended screening. It has also expanded the

jurisdiction of the Film Certification Appellate Tribu-

nal. While the committee appears to invest excessive

faith in the Centre’s judgment and willingness to stand

up to extremist forces, the recommendations are posi-

tive and a step towards institutionalising freedom and

checking unwarranted censorship.

Institutionalisingfreedom

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SATURDAY, NOVEMBER 2, 2013

12 THE HINDU I BANGALORE, SATURDAY, NOVEMBER 2, 2013EDITORIAL

The image of an honest civil servant subjected

to arbitrary transfer or suspension by the

political executive at the behest of vested in-

terests is etched in the public consciousness

as a key archetype of the Indian bureaucracy. The

rising public awareness of the importance of the bu-

reaucracy in the delivery of basic services to citizens

has received a welcome boost from the Supreme

Court’s reformative verdict on insulating officers from

political interference. Three significant administrative

reforms arise out of the court’s verdict on a petition by

more than 80 former bureaucrats: a fixed tenure for

civil servants so that they are not transferred at the

whims and fancies of the political executive; and a

stipulation that all instructions by superiors be in writ-

ing, to protect officers from wrongful pressure from

their superiors, political masters and vested interests.

To prevent arbitrary transfers, the court has directed

that the Centre and the States establish Civil Service

Boards (CSB) comprising serving officers to advise the

political executive on transfers, postings and disciplin-

ary action, until Parliament enacts a law in this regard.

These directions are meant to “ensure good govern-

ance, transparency and accountability” in governmen-

tal functions, the court has said.

A question that might be raised is whether the Su-

preme Court was overstepping its ambit by directing

the constitution of a mechanism to regulate transfers

and postings, especially when draft Bills are in circula-

tion on such reforms. But it is evident that the court has

taken judicial note of the various official reports and

studies in this regard. It quotes extensively from past

exercises — the reports of the K. Santhanam Commit-

tee on prevention of corruption, the Hota Committee

and the Second Administrative Reforms Commission

— that addressed these questions. These reports had

recommended fixed tenures, insulation from political

interference, avoidance of oral instructions, and a stat-

utory board to decide on transfers. But these were not

taken forward. The failure of the executive to frame a

legislative framework to address these key concerns

has forced the court to step in. The reality is that the

phenomenon of the ‘politician-bureaucrat-industrial-

ist’ nexus is so entrenched that it requires a sustained

systemic effort to cleanse the administrative system.

The real gain for citizens is that the Supreme Court

judgment has raised the bar for good governance in this

country by providing a framework to insulate bureau-

crats from the pressures of a clutch of vested interests

which act through the political system. Public confi-

dence in governance is bound to rise as a result of this

landmark verdict.

Unshackling the bureaucracy

The deadly explosions that struck aBharatiya Janata Party rally in Pat-na on October 27 confirmed thatterrorism will remain on top of the

agenda for an over-stretched Indian policeand a heavily burdened Intelligence Bureau(IB). Investigations have revealed the in-volvement of at least six individuals in theplanting of 18 explosives (of which only sev-en exploded) in Gandhi Maidan. The IndianMujahideen (IM) is the leading suspect forthe daring attack. Its intentions seem clear:convert the rally into a mass fatality event,and spread fear and panic with a blatantmessage to the security apparatus that theIM is a force to contend with.

To the credit of the Bihar Police, someoperatives from the IM’s Ranchi cell — oneof its newly unearthed field entities — havebeen arrested in connection with the Patnabombing. Unfortunately, arresting IM oper-atives does not appear to prevent the outfitfrom launching terror attacks with relativeimpunity, and in fact could be a sign thatfurther attacks are in the works.

In the forthcoming book Indian Mujahi-deen: Computational Analysis and PublicPolicy (Springer 2014), the four writers herewere able to use data mining algorithms de-veloped at the University of Maryland toidentify broad conditions that were predic-tive of different types of terror acts carriedout by the IM. Over the years, the IM hasconsistently carried out simultaneous at-tacks with multiple devices within a fewmonths of the arrests or deaths of its topoperatives. Following the arrest of YasinBhatkal in late August 2013, this behaviouralrule led us to predict that the IM was likely tolaunch attacks in the last quarter of 2013 — aprediction that has unfortunately come truewith the Patna attacks.

The prospect of a renewed IM terror cam-paign is dismaying because the next few

months are going to be dominated by height-ened political acrimony related to the gener-al election and the inevitable use of valuablepolice resources. In contrast, organisationssuch as the IM and their allies (such as theLashkar-e-Taiba) and sponsors (such as thePakistani Inter-Services Intelligence) wouldremain focussed on creating maximum dam-age for India’s governments.

Soft targets

A striking feature of all IM attacks is thechoice of soft targets such as crowded mar-kets. These have caused havoc, killing hun-dreds of innocent civilians. The IM’strademark has been multi-pronged attacksthat maximise casualties. These attacks,such as the near-simultaneous bombing ofthree courthouses in different cities acrossUttar Pradesh in 2007, require substantialcoordination and organisational skills. Afterthe U.P. attacks, the IM terrorised India witha string of bombings throughout 2008. In anattack in Ahmedabad in July 2008, the IMset off nearly 20 low-intensity bombs acrossthe city, and when crowds gathered at theCity Trauma Centre, it detonated a carbomb, killing dozens. Since then, the outfithas carried out at least 10 forays, includingthe 2010 attack on the German Bakery inPune (possibly in conjunction with LeT) thatkilled 17, a triple bombing in Mumbai in 2011that killed 27, and in February 2013, a doublebombing in Hyderabad that killed 17.

There have been a few significant IM ar-rests in recent months. In a coup for India’s

security agencies, two of IM’s top operatives,Yasin Bhatkal and Asadullah Akhtar, werecaptured. Unfortunately, these arrests donot seem to have caused a major dent on theIM, which retains its skill in planning oper-ations with deadly precision and efficiency.The serial blasts in Patna, which were strik-ingly similar to the twin blasts in Dilsukh-nagar (Hyderabad), on February 21, and theJuly 7 Bodh Gaya blasts this year, illustratethe IM’s capabilities. These repeated terror-ist successes here and elsewhere can, un-fortunately, only help to boost the morale ofgroups like the IM.

This raises the overarching issue of how tocheck terrorism in India. It is more thanclear that the IM is one of the most activeterrorist groups in India. Its achievementshave been disproportionate to its actualstrength or marginal popular appeal.

Predicting exactly when and where an at-tack will occur is a task that cannot be con-sistently done. However, the authors’detailed study of the IM, based on a clinicalanalysis of carefully curated data, and em-ploying the “big data” analytic techniques(similar to techniques used by the Amazonsand eBays of the world), is now starting topay its first dividends in understandingwhen the IM will launch attacks and whattypes of targets it will select.

The study projects an ominous scenario.Periods during which Indian-Pakistani dip-lomatic relations begin to warm are followedby internal IM conferences and chatter, amonth or so later. These high-level internal

meetings are seen as necessary to plan theIM’s signature multi-pronged bombing cam-paigns. These meetings are then followed by“ramped up” collaboration with other ter-rorist groups such as the LeT and the Har-kat-ul-Jihad Isami. Pakistani terroristgroups, with the active connivance of Pakis-tan’s ISI, have provided funding, explosives,training and other crucial support, all ofwhich have facilitated the IM’s emergence asa deadly terrorist organisation capable in itsown right. Shortly after every strike, thereare the usual arrests of IM activists. Thesearrests may be the result of visible IM activ-ity in preparation for an upcoming attack. Itis also possible that attacks follow the arrestsof IM men, because the IM or its Pakistaniallies, LeT and the ISI, want to demonstratetheir resolve to carry out further attacks.

Valuable warnings

This sequence of events preceding IMbombings can provide valuable warnings oflikely attacks, and highlight points in IMoperations that are vulnerable to disruptionby security agencies. Specifically, securityagencies must subject IM operatives andtheir networks to extensive covert electronicsurveillance. While this is routine in mostcounter-terror operations, travel intelli-gence systems must track the movement ofIM operatives within India, across India’sborders, and even beyond those borders. IMoperatives have previously used Indian pass-ports to exit India to friendly neighbouringcountries like Pakistan and Bangladesh —from there on, they have used fake Pakistanipassports, no doubt supplied by the ISI, totravel to Pakistan and the Gulf.

One of IM’s top leaders, Mohammed SadiqIsrar Sheikh, from Azamgarh in Uttar Pra-desh, is believed to have travelled from Indiato Bangladesh in 2000 on a legitimate Indianpassport and from there on to Pakistan on agenuine Pakistani passport arranged by theISI. In Pakistan, he met with LeT command-er Azeem Cheema in Bahawalpur andtrained at an LeT training camp near Muzaf-farabad. At least another 10 people fromAzamgarh alone, who travelled to Pakistanthrough various intermediate countries,have been identified.

Disrupting a network requires under-standing it thoroughly in real-time so thatattacks can be stopped before they occur.Closer coordination with agencies such asthe Federal Bureau of Investigation and oth-er law enforcement agencies will not onlyhelp uncover IM’s global support network,but also the detailed interlinked relationshipamong terror, financing, and criminalorganisations.

Though it is impossible to predict the ex-act location and timing of an attack, datamining technology has now come of age. Itcan predict the types of attacks that terrorgroups will carry out — and the approximatetime-frame (in three-month periods). Thisprovides a valuable input to law-enforce-ment and intelligence agencies, enablingthem to intelligently deploy scarce investi-gative resources. If this translates into fewernumber of IM attacks over the course of asix-month period, we will have broughtabout a welcome and needed synergy be-tween researchers and law-enforcement at atime when national security demands it.

(Aaron Mannes and V.S. Subrahmanianare researchers at the University of Mary-land, where Professor Subrahmanian headsthe Center for Digital International Govern-ment. R.K. Raghavan served as Director ofthe Central Bureau of Investigation, whileAnimesh Roul directs the Society for theStudy of Peace & Conflict in Delhi. They haveco-authored Indian Mujahideen: Computa-tional Analysis and Public Policy [Springer2014])

Penetrating the web of terror networksAaron Mannes, R.K. Raghavan, Animesh Roul & V.S. Subrahmanian A detailed study of the Indian Mujahideen,

based on a clinical analysis of curated data, isbeginning to pay dividends in understandingwhen the outfit will launch attacks and whoits targets will be

Major reformThe Supreme Court verdict onbureaucrats is indeed a majorreform aimed at ensuring goodgovernance (“In major reform, SCorders fixed tenure forbureaucrats,” Nov.1). From thetime they prepare to enter the civilservices, bureaucrats facechallenges. They are responsiblefor implementing thegovernment’s policies but they facedifficulties when their politicalbosses interfere with their workand bring pressure on them bytransferring them frequently. Theverdict is welcome.

Pardeep Singh,Delhi

The court’s direction that theCentre and the States set up a CivilServices Board (CSB) for themanagement of transfers, postings,inquiries, promotions, reward andpunishment is a step in the rightdirection. The board will bringforth the much-neededtransparency. It will enablebureaucrats to take independentdecisions, insulated from thewhimsical diktats of politicalexecutives in every field.

Jyotirmoy Naskar,Visakhapatnam

The ground-breaking judgmenthas sent the strong message thatcivil servants can hereafter workunhindered, without fearingpoliticians. Many a talent has beenwasted by frequent transfers of IASand IPS officers. There are officerswho have been transferred 20times in as many years, put oncompulsory wait, etc. Uprightofficers should now be able todischarge their duties effectively.This will certainly result in goodgovernance.

A.B. Prashanth,Chennai

In recent times, we have seenpolitical executives abuse theirpower of transfer and postings.This has lowered the morale of civilservants, reduced their efficiency,hampered stability and acceleratedcorruption. Politicians’ whims andfancies are the breeding ground forcorruption, with many civilservants lobbying for “important”postings and even paying for them.

Anchit Mathur,New Delhi

The judgment is great news for notonly serving civil servants but alsocivil service aspirants. It willreduce political pressure onbureaucrats and pave the way forincreased efficiency,accountability and transparency.

V. Chaitanya,Hyderabad

The Supreme Court order that civilservants must refrain from actingon the oral instructions of theirpolitical bosses is welcome. We willhenceforth be relieved of thebureaucracy’s hide-and-seektactics and procrastination inimplementing schemes.

G. Murali Mohan Rao,Secunderabad

For far too long, politicians havebrowbeaten civil servants to toetheir line with the threat oftransfers to remote places, andhave also got away with oralinstructions on crucial issues,leaving officials to face theconsequences. The Supreme Courtorder should be extended to publicsector undertakings too. In manyPSUs, branch managers are oftengiven oral instructions bysuperiors to disburse advances andare made scapegoats when theadvances turn into NPAs.

A superior — whether a politicalboss or an official — should beasked to put down his orders in

writing to ensure transparency.One hopes the political class willallow the court order to beimplemented in letter and in spirit.

V. Jayaraman,Chennai

There have been occasions wheneven straightforward politicianshave had to wash their hands ofresponsibilities, leaving thebureaucrats in the lurch. But let usbe sure that present-daypoliticians will not take the latestorder without trying to circumventit. The stipulation that thereshould be a fixed tenure forbureaucrats will enablestraightforward officers to pursuegood programmes withoutworrying about transfer orders.

M. Rajaraman,Karaikkal

An overreachIn the name of reforming theexecutive, the judiciary isoverstepping its domain andinterfering in day-to-daygovernance. It is not as if allbureaucrats are victims of politicalpressure. There are bureaucratswho have enriched themselvesthrough corrupt practices andthere are politicians who haveentered public life with a goodpurpose. It is the political class thatrepresents the people in ademocracy and is answerable tothe electors.

Annadurai Jeeva,Srirangam

The inefficiency of thebureaucracy cannot be attributedto political interference alone. It isdue to the archaic recruitmentpractices followed by the PublicService Commission. A seriousstudy on this aspect is the urgentneed of the hour. Theestablishment of a specialist civilservice, in place of the existing

generalist civil service, is a must forthe fulfilment of the nobleobjectives laid down by theSupreme Court.

D. Jeevan,Thiruvananthapuram

The fundamental principles of thecivil service — neutrality,impartiality and anonymity —should not be undermined.Neutrality and anonymity insulatea bureaucrat from politicalpressures and makes him aprofessional. But a neutral, value-free bureaucracy can exist only in asociety where a consensus existson values. In transitional societieslike India, where dissent andconflict exist, it is too much toexpect anyone to be neutral.

A developing nation cannotafford a contradictory ethosbetween the political executive andthe bureaucracy because it strikesat the root of a progressiveadministrative culture. The rolesof political and administrative eliteare complementary. They mustwork harmoniously in the interestof public welfare.

K. Rachna Raj,Hyderabad

Patel’s legacyWhether Sardar Patel would havemade a better Prime Minister thanJawaharlal Nehru will always be amatter of conjecture(“Rediscovering Patel,” November1). Patel was a strict disciplinarianand, generally, people find itdifficult to manage withdisciplinarians. Nehru, on theother hand, was a liberal and couldadjust to varied situations. Patelwas indeed a Congressman, likemost leaders of the pre-Independence era were. TheCongress of those days, however,cannot be compared with thepresent-day Congress which hasmany self-seeking and

opportunistic politicians.Jayaprakash Kallurkatte,

Mysore

The BJP finds it convenient toforget that Sardar Patel was aGandhian. Throughout his life, heupheld Gandhian principles andwas devoted to the cause of India,while both the RSS and the HinduMahasabha were opposed toGandhiji and his methods. Thelegacy of Patel or, for that matter,any great leader, cannot be amonopoly of an organisation orgroup. But whoever claims to beheir to the legacy should prove hisworth by deeds, not mere rhetoric.

Varun Kumar Mahla,Delhi

The competing claims to SardarPatel’s legacy do not enthuse thecommon man. Neither theCongress nor the BJP has doneanything to justify its claim to hislegacy. On the contrary, PrimeMinister Manmohan Singh will beremembered for running agovernment under whichthousands of farmers committedsuicide and Narendra Modi as onewho was at the helm when the2002 Gujarat riots took place.

K. Narayana Rao,Bangalore

The Congress played an importantrole in our freedom struggle and ithad many leaders who have beenreduced to footnotes in history. Noone can deny the fact that thesacrifices of one family arehighlighted.

The intelligence of Rajaji, thesimplicity of Kamaraj, thedynamism of Gokhale, Shastri andcountless leaders need to berecognised. They were anembodiment of nationalism andsymbol of unity.

S.A. Srinivasa Sarma,Hyderabad

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

The September 27 United Nations Security

Council vote which ended any foreseeable

prospect of military intervention in Syria, and

the subsequent telephone conversation be-

tween President Barack Obama and Iran’s President

Hassan Rouhani, have caused such alarm in West Asia

that the region’s political map is changing rapidly.

Saudi Arabia has expressed obvious anger over these

events and over Mr. Obama’s suspension of arms aid to

Egypt after the military coup which overthrew the

elected President, Mohamed Morsy, in July. Riyadh

has threatened to reduce its collaboration with Wash-

ington and has taken the unprecedented step of refus-

ing an elected seat on the Security Council, saying the

world has failed to act effectively on Syria. Israel is said

to have been acting for some time as a conduit for Arab

leaders’ messages to Washington, and Prime Minister

Benjamin Netanyahu now claims the Arab world recog-

nises that Israel is not “the enemy of Arabs”. His claim

would be reinforced if Tel Aviv’s neighbours were to

invite him to the Manama dialogue in December. In

addition, Turkey, an associate member of Nato and

generally on good terms with Israel, is well aware that

Iran is its single largest neighbour, with a significant

Kurdish minority whose kinfolk across the Turkish

border have long struggled for an independent

Kurdistan.

These are all high-risk strategies, particularly for

Saudi Arabia and Israel. The former bought U.S. arms

worth $33.4 billion in 2012 and could put pressure on

Mr. Obama with the threat of even a partial boycott of

U.S. arms manufacturers, but could thereby end up

feeling less well defended against its regional arch-

rival, Iran. Secondly, its oil is not the weapon it once

was, as the U.S. now imports under 6 per cent of its oil

from Saudi Arabia. Iran has some of the world’s largest

oil and gas reserves and U.S. oil majors would no doubt

be very keen to resume working there. Further, Iran

might then have an interest in influencing the Shia

Alawite government in Syria to reach a peaceful deal

and in persuading Hezbollah to engage openly in politi-

cal processes. As for Israel, Mr. Netanyahu knows that

he cannot control a U.S. president whose mind is made

up. Détente between Washington and Tehran could

make his country less important to U.S. interests,

which in turn would inevitably give Mr. Obama more

weight in his efforts towards an Israeli-Palestinian

settlement. All in all, some of the world’s most danger-

ous tensions could be greatly reduced; Mr. Obama and

Mr. Rouhani must therefore do all they can to reach a

lasting agreement.

Disquiet in West Asia

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MONDAY, NOVEMBER 4, 2013

8 THE HINDU I BANGALORE, MONDAY, NOVEMBER 4, 2013EDITORIAL

On Friday, November 1, the benchmark stock

index, the Sensex, scaled a new high in early-

morning trade, bettering its previous record

set in January 2008. At one level — admitt-

edly a superficial one — the record-breaking perform-

ance of the index is to be seen as a spectacular recovery

for the country’s equity market after the economic

crisis impacted adversely on corporate balance sheets,

leading to a steep fall in their earnings. By the middle of

the year the rupee had started declining rapidly, in-

vestor confidence was ebbing, and leading brokerages

were threatening to downgrade India’s stock markets.

Since then confidence might have returned to the mar-

kets, but it is by no means clear whether the rally in

stocks has any deeper significance than what is appar-

ent. After all, the largely liquidity fuelled rally cannot

last indefinitely, dependent as it is on large and sus-

tained buying by foreign institutional investors and

portfolio managers. The decision by the U.S. Federal

Reserve to continue with its ultra-soft monetary policy

has certainly helped for now. A mere hint of winding

down the stimulus in May caused a massive flight of

dollars back to the U.S. from emerging markets in-

cluding India. The rally has puffed up the valuations of

some shares, but a larger number have lagged behind.

Skewed stock indices do not give a correct picture of

the stock markets, leave alone the broader economy.

There are other aberrations. Shares of medium-sized

companies have not participated in the rally so far.

Retail investors who are the backbone of stock markets

continue to stay away. Other spin-off benefits from a

rising market have not materialised. The government

is unable to push through with its disinvestment pro-

gramme. There is no logical reason why certain secto-

ral stocks should rise so spectacularly. Bank stocks,

especially of public sector banks, have risen, brushing

aside the serious problems they face, such as a high

level of non-performing assets (NPAs). Finally, the

disconnect between the financial sector and the real

economy has been spectacularly demonstrated and

growth remains subdued. The government optimisti-

cally hopes for a growth rate of around 5.5 per cent this

year, which will be a dramatic improvement over the

4.4 per cent in the first quarter. There has been some

good news recently. As the Finance Minister has em-

phasised, the current account deficit has become emi-

nently manageable, agriculture is in for a revival as

monsoons may be favourable, and there is some hope

that the industrial sector will turn around. Welcome as

these signs are, they do not indicate an imminent

revival to old levels, and certainly do not justify the

massive stock market valuations.

How real is the rally?

On November 1, the Bombay StockExchange “sensitive index” tou-ched an all-time intra-day high of21,294, overshooting its previous

record of 21,208 realised as far back as inJanuary 2008. The latest peak and the rallythat preceded it are, however, quite differentfrom that experienced in 2008. The latterrecord was set after a five-year climb of theSensex from a low of 3,000 in March 2003.The current peak comes after a much quick-er spike from a level of around 15,500 at theend of 2011, or less than two years back.

A fragile boom

Moreover, the rise that preceded the 2008peak coincided with a real economy boomduring which India recorded annual rates ofGDP growth of eight per cent or more. Thelatest record comes at a time when economicconditions are at their worst since 2003. Theeconomy is mired in stagflation, with GDPgrowth below five per cent and consumerprice inflation above nine per cent per an-num. While no sensible analyst expects thestock market to truly reflect so-called ‘fun-damentals’, this degree of deviation in realeconomy trends and stock market perform-ance is not just surprising, but reflective ofthe fact that the boom is fragile. Even Fi-nance Minister P. Chidambaram, desperateto find early signs of buoyancy in a sluggisheconomy, cautioned equity investors againstexcessive exuberance.

The source of fragility is the role of foreigninstitutional investment (FII) in driving theboom. The infusion of cheap liquidity as apolicy response to the recession, especiallyby the Federal Reserve in the U.S., has en-hanced capital flows to emerging marketslike India. Investors access cheap liquidity athome and look to investment opportunitiesto earn higher returns. A part of that liq-uidity flows to developing countries, trigger-

ing a boom in their asset markets. Notsurprisingly, when the Fed signalled that itplans to ‘taper’, or gradually withdraw itspolicy of injecting liquidity by buying bondsworth $85 billion every month, investorsheld back; some left in panic. This led tostock price declines. Responding to that vol-atility and the criticism it gave rise to, theFed has said a ‘taper’ is not imminent, result-ing in a revival of capital flows and markets.

What is noteworthy, however, is that fluc-tuations in capital flows to and prices inemerging markets induced by such changesin the metropolitan centres are largely inde-pendent of conditions in the country wherethe investment occurs. Thus, in 2008, wheneconomic conditions in India were still fa-vourable, but foreign institutional investorschose to book profits and repatriate capitalto meet commitments and cover losses re-sulting from the financial crisis at home, theIndian stock market collapsed. But once thepolicy of quantitative easing was instituted,providing investors with large volumes ofnear-zero interest finance, capital movedagain to India, even causing the rupee toappreciate. Now, spurred again by the prom-ise of continued access to cheap liquidity, FIIis flowing into the stock market and trigger-ing a boom even though economic condi-tions are poor.

A caveat is necessary at this point. Themere volume of FII inflows cannot explainthe recent rise of the Sensex. There were atleast three months in the first half of the yearduring which net inflows of FII investmentwere significantly higher than during Sep-

tember or October. Net flows totalled $4.1billion each in January and February ascompared with $2 billion and $3 billion inSeptember and October. But the Sensex wason the decline during the first two months of2013.

It is clear that contributing to the recentspike in the Sensex was the fact that FII wasconcentrated in a few stocks. The Sensexitself is an index constructed using the pricesof just 30 stocks, which is a small fraction ofthose listed. The idea is that these are themost actively traded stocks and their pricesadequately capture the momentum in themarket. However, in the recent rally, onlyeight stocks out of the 30 were responsiblefor close to three quarters of the increase inthe Sensex from its previous low at the end ofAugust, with only one (ITC) explaining a bigchunk of the increase. Other gainers includ-ed stocks of Infosys, TCS, ICICI, HDFC andReliance Industries, which are already rul-ing at relatively high levels. On the otherhand, 12 of the 30 Sensex stocks actuallyrecorded a decline in price during this peri-od. Moreover, other indices capturing non-Sensex companies, such as the BSE Small-cap and Mid-cap indices, had fallen 58 and40 per cent respectively during the first 10months of 2013, as compared to a rise of 10per cent in the Sensex over this period.

Shallow in two senses

This reflects a larger feature of the equitymarket in India. It is thin or shallow in atleast two senses. First, only stocks of a fewcompanies are actively traded in the market.

Thus, although there are more than 5,000companies listed on the stock exchange, theBSE Sensex incorporates just 30 companies.Second, in the case of a significant number ofthese stocks there is only a small proportionthat is available for trading, with the restbeing held by promoters, financial institu-tions and others interested in corporate con-trol or influence. The net result is that anylarge inflow of liquidity into the market re-sults in a spike in prices, especially if pur-chases are limited to a few stocks ashappened recently.

This makes the recent rally even morepuzzling. While excess liquidity, especiallyin the U.S., imparts a supply-side push toinvestments, there is no obvious reason whythose investors should choose a country thatis performing poorly, and take the risk ofinvesting in a few stocks that are alreadyvery highly valued. Especially given the po-litical uncertainty that a general election duein a few months generates.

Speculation provides an explanation. Re-cent movements in the Sensex suggest thatwhen stock prices decline below somethreshold, investors often buy into Indianequity in the expectation that the fall wouldreverse itself and offer opportunities forprofit. Their actions, by enhancing demandfor equity, ensure that the expected short-term gains are realised. But when theychoose to book profits, prices decline again.Such an investment strategy implies thatthere is a temporary floor and ceiling to theprices of actively traded stocks, dependingon the levels at which such investors chooseto buy and sell. As a result, other than duringthe global crisis in 2008-09, the Sensex hasfluctuated within the 15,000 to 20,000 rangesince 2007, irrespective of real economytrends.

While this could offer part of the explana-tion for the recent spike, the fact remainsthat India has also been favoured by inves-tors relative to other emerging markets inthe region and elsewhere, which seem to bestill affected adversely by fears of the Fedtapering its bond purchase policy. There isclearly something more that investors arebetting on in India. This is possibly the evi-dence that, in response to the slowdown thegovernment is desperate to adopt measuresaimed at winning investor confidence, keep-ing capital flowing in, enhancing demandand shoring up profitability in the privatesector. Under consideration and/or imple-mentation are measures such as further con-cessions to exporters and foreign investors;price increases to ensure the profitability ofinfrastructural projects; faster clearances toremove “obstacles” to acquiring land andobtaining environmental clearances; andcapital infusion into public sector banks toenable them to lend at cheaper rates for thepurchase of automobiles and durables. In-vestor expectation may be that these mea-sures would make a difference toprofitability even if they prove inadequate torevive growth, and that even if an NDA gov-ernment comes to power, it would follow thesame trajectory.

Thus, if India, which feared capital flight afew months back, is being favoured by in-vestors with speculative intent, it is not be-cause the economy is performing well, butbecause poor performance is seen as forcingthe government to incentivise foreign anddomestic investors and firms. But if thatdoes not occur in adequate measure or doesnot yield the expected results, flight mayindeed occur. Especially if the Fed also optsfor the taper it sees as inevitable. That wouldonly compound the current crisis.

(C.P. Chandrasekhar is Professor of Economics at Jawaharlal Nehru University,Delhi.)

A Sensex gone awryC.P. Chandrasekhar The rise of the Sensex to an all-time high

when the economy is in poor shape, points to speculation that could compound the current stagflationary crisis.

Drone strikeThe reported killing of HakimullahMehsud, head of the Tehreek-e-Taliban Pakistan, in a U.S. dronestrike, has made headlines in allleading newspapers. However, itwould be too early to jump to anyconclusion in the matter,considering some similar instancesin the past. Let us keep our fingerscrossed.

Vineet Phadtare,Mumbai

The U.S. cannot blatantlyeliminate people on its terroristlist through drone attacks. Its actsviolate the basic right of people to afair trial. The internationalcommunity’s silence is disturbing.

D. Harikrishnan,Thiruvananthapuram

Behind terrorThe article, “Penetrating the webof terror networks” (Nov. 2), wasan incisive analysis of the modusoperandi of terror groups,particularly the IndianMujahideen. Our administratorsshould not let a handful ofterrorists bleed our country. Theneed of the hour is coordinatedaction among all agencies,including intelligence and law-enforcement, without interferenceby the political class.

H.P. Murali,Bangalore

Big data analysis has helpedcompanies understand people’ssentiments on various products.Using this technology to predictthe behaviour of terror outfits iscommendable.

One hopes it will truly help infighting terrorism in a moreorganised manner.

H. Ananth,New Delhi

Shot in the armThe Supreme Court verdict oninsulating bureaucrats frompolitical interference has come as ashot in the arm for officers whohave been unable to functioneffectively (“Unshackling thebureaucracy,” Nov. 2) due topolitical pressure. The judiciaryhas stepped in at the right time andprovided the much required relief.The verdict will, hopefully, makeParliament expedite the process ofenacting a law.

G. Guruprasad,Chennai

The judgment must have come as ashock to many State governmentswhich have used the power oftransfer and postings to makebureaucrats submit to their whims.One can surely hope for moretransparency in governance.

Abhinav Mishra,New Delhi

The ruling party often suspends orsimply transfers officers for notsubmitting to their orders. Often, ituses bureaucrats to meet itspolitical ends. The SupremeCourt’s direction to the Centre andthe States to set up Civil ServiceBoards to deal with transfers,postings and punishment comes asa relief to bureaucrats who willnow have more freedom to takedecisions.

Haris Ahmed,New Delhi

The sense of euphoria in the mediaover the Supreme Court verdict ismisplaced. One hopes thejudgment will not let loose a reignby the bureaucracy.

Mahalingam Yaaman,Tuticorin

During the first two decades ofIndependence, the common man

(and the politician) held civilservants in high esteem. They trulydeserved respect as most of themwere honest and committed to theideals of the civil service. Timeshave changed and a considerablesection of bureaucrats iscomfortable with the system as itexists today. If a bureaucrat“succumbs” to wrongful pressure,it is not only because of pressurefrom his unscrupulous boss. He toostands to “benefit.”

V.S. Prakasa Rao,Hyderabad

The Supreme Court verdict is awelcome and much-needed one.But one also wonders whether thepolitical class alone is responsiblefor red-tapism and corruption inthe bureaucracy. Why arebureaucrats so willing to submit totheir political bosses? It isnecessary for the bureaucracy tolook within itself.

Sanjeev Pratap,New Delhi

The British ruled this country withan efficient administrative set-up,formed by a majority of their ownmen, with some hand-picked andefficient Indians. It was aframework that worked well. AfterIndependence, we inherited thissound framework but let it rust bybeing lax in selecting the men whoform this force. The rulingexecutive soon had men whoglossed over the nuances ofadministration.

Corruption is the latestphenomenon. While thebureaucrat has to abide by rules,there seems to be no suchrestriction on the executive. Weare no longer in the British era. Inthis situation, the latest directiveby the Supreme Court appearstimely and appropriate.

S. Chidambaresa Iyer,Chennai

In a constitutional democracy, thebureaucracy and the politicalexecutive have to function withinthe ambit of the Constitution, rulesand regulations within the powersdelegated to them, for which alonechecks and balances are exercisedthrough other independentconstitutional functionaries suchas the CAG, CBI and the judiciaryin the system of governance. In allfairness, the political executive andthe bureaucrats are required tofunction harmoniously in mutualtrust and confidence to providegood governance to the country.When conflicts arise betweenthem, leading to financialirregularities and corruption, theneed to fix responsibility andaccountability in the process ofdecision-making arises.Visualising this, the SupremeCourt had mentioned in its orderthe importance of bureaucratsobtaining written orders on therelevant files.

T. Ramaswamy,Chennai

The ruling, aimed at rescuing thetop executive from the clutches ofhis political master, is a significantstep towards good governance.Now, the executive can actassertively to refuse the unjustifieddemands of the political masterwith more immunity. As thepolitical class usually doesn’t wantto forgo its dominance, there is achance of all parties across theboard coming together to find waysto nullify the ruling.

The Supreme Court’s advice onpolice reforms met with the samefate.

It is time the media, civil societyand executive took the cue to act aspressure groups to see that thespirit of the ruling gets translatedinto action.

D.V.G. Sankararao,Nellimarla

EC & NOTAMany readers have expressed theirdisappointment over the ElectionCommission’s clarification onNOTA — that irrespective of thenumber of voters who exercise theno-vote option, the candidatepolling the highest number of voteswill be declared the winner. But theElection Commission has nochoice in the matter. TheConstitution mandates theframework of conductingelections, gives Parliament theresponsibility to make thenecessary laws on the electoralsystem, and provides for anElection Commission to conductand supervise elections.

What the Supreme Court did wasto point out that the voter had aconstitutional right to exercise hischoice in the most meaningful way— and had a right to indicate hisrejection of all candidates. Takingthe implication of the judgmentforward will need a law — whichonly Parliament can enact.

A.N. Lakshmanan,Bangalore

The EC is right in clarifying whatNOTA means. It has the duty toinform and educate the electorateon election procedures. We arenaive in thinking that NOTA willnot make any difference if thecandidate getting the largestnumber of votes is declaredelected. If, in a constituency,NOTA gets a majority, parties willcompete to get a share of that ‘votebank.’ They will be forced to put upa better candidate in the nextelection. Changes may not come inthe immediate elections but NOTAis a right step. We should not getdiscouraged and shy away fromcasting a no-vote, if necessary,thinking it will result in nothing.

Deep Saha,New Delhi

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

What distinguishes negligence or lapses in

administration from gross negligence or

disregard of legal duty is a failure of the

government or its law enforcing machin-

ery to take swift action in the face of warnings and

forebodings. After the communal riots in Muzaffarna-

gar in August and September, the Uttar Pradesh police

had every reason to take extra care against any fresh

eruption of violence, especially in the areas where relief

camps for the original victims were in operation. Scores

of people had died in riots that lasted for weeks. Indeed,

the atmosphere in and around Muzaffarnagar had re-

mained surcharged with tension when the latest round

of violence was set off last week with the killing of three

youths who were staying in relief camps. The Uttar

Pradesh Director General of Police, Devraj Nagar, has

admitted to “lapses” on the part of the police but there

cannot be any reasonable explanation for these lapses,

other than gross negligence or wanton misconduct.

That some persons could imagine they could get away

with murder in such a tense atmosphere speaks poorly

of the police force, and the law and order situation in

Uttar Pradesh. Not surprisingly, the Supreme Court

went so far as to say that it would send an independent

fact-finding team to assess the situation if the response

of the U.P. government was not satisfactory.

Thanks to the manipulative politics of politicians and

parties, primarily the Bharatiya Janata Party and the

Samajwadi Party, Uttar Pradesh remains a tinderbox.

As elections approach, the State has become a bat-

tleground for clashes between castes and communities.

A rumour or even an ordinary incident of law and order

trouble can quickly assume communal overtones,

heightening communal and caste tensions. Incidents

that in other places might be dismissed as petty often

gather momentum, and spread like wildfire in the State.

Although the State government sees the latest violence

as a “law and order” issue and not “communal” in

nature, the truth is that it takes little to turn an ordinary

law and order incident into a flashpoint for incendiary

communal attacks. Political parties dependent on com-

munal vote-banks, whether of Hindus or Muslims, have

a lot to gain from these flare-ups. If Chief Minister

Akhilesh Yadav does not act firmly and decisively, he

will be leaving the door open for a hitherto unpreceden-

ted monitoring of the law and order situation by the

Supreme Court, or a more active engagement and even

interference by the Congress-led Central government.

The sooner the BJP and the SP recognise the limitations

of a politics based on communal identities, the better it

would be for them, and for Uttar Pradesh and India as a

whole.

Feeding on fires

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TUESDAY, NOVEMBER 5, 2013

10 THE HINDU I BANGALORE, TUESDAY, NOVEMBER 5, 2013EDITORIAL

The Election Commission might be well-in-

tentioned in seeking to ban opinion polls in

the run-up to an election, but the move does

not seem to be sound in law, and is certainly

not desirable in practice. The reasoning for a ban is that

opinion polls influence voters prior to polling, and

therefore the results of such polls should be withheld

until after the end of voting. Needless to say, this is a

flawed argument, and a ban, while imposing needless

restrictions, will not in any way enhance the purity of

elections. Whether opinion polls influence voting is

debatable, but even if they do, that is no reason to ban

them. Election campaigning ends only 48 hours before

polling closes, and political parties and their support-

ers are free to indulge in propaganda to influence vot-

ers till then. If parties and candidates are allowed to try

and influence voters during the campaign period, why

cannot the media or others publish poll findings that

may or may not influence voter behaviour? Even if

some of the surveys are not scientific, and some others

are fraudulent — just as some election manifestoes may

include tall promises — a ban cannot be the solution.

Opinion polls that are not transparent and are carried

out unscientifically, quickly lose credibility. In any

case, the voters must be allowed to judge for them-

selves the extent of reliability of the innumerable opin-

ion polls and exit polls.

Actually, any ban on opinion polls runs counter to

Article 19 (1) (a) of the Constitution that provides all

citizens the right to freedom of speech and expression.

Of course, this freedom is subject to reasonable re-

strictions listed in Article 19(2): in the interests of the

sovereignty and integrity of India, the security of the

state, friendly relations with foreign states, public or-

der, decency or morality, or in relation to contempt of

court, defamation or incitement to an offence. Any

hypothetical influence on voters does not figure in this

list. Any ban would therefore contravene the funda-

mental rights guaranteed under the Constitution, and

belittle the intelligence of voters. Already, by a 2009

amendment to the Representation of the People Act,

restrictions have been placed on the publication of

results of exit polls from the beginning of polling on the

first day in a multi-phase election till half an hour after

the close of polling in all States. The rationale behind

the restrictions on exit polls is their claim to greater

credibility, and therefore, their greater ability to influ-

ence voters. The distinction between opinion polls and

exit polls on this basis is surely untenable, but what

needs to be done is the removal of restrictions on the

publication of exit poll findings, not the placing of

similar restrictions on opinion polls.

A flawed andunwarranted move

Maritime challenges are beingfundamentally transformed bynew technological and geopol-itical realities, shifting trade

and energy patterns, and the rise of uncon-ventional threats. The fact that about 50 percent of the maritime boundaries in the worldare still not demarcated, accentuates thechallenges.

Water covers more than seven-tenths ofthe planet’s surface, and almost half theglobal population lives within 200 km of acoastline. It may thus surprise few that 90per cent of the world’s trade uses maritimeroutes. With countless freighters, fishingboats, passenger ferries, leisure yachts, andcruise ships plying the waters, a pressingconcern is maritime security — a missiontasked to national navies, coast guards, andharbour police forces.

Altering equations

The maritime order has entered a phase ofevolutionary change in response to globalpower shifts. Maritime power equations arebeginning to alter. The shifts actually sym-bolise the birth-pangs of a new world order.Emerging changes in trade and energy pat-terns promise to further alter maritime pow-er equations. For example, energy-relatedequations are being transformed by a newdevelopment: the centre of gravity in thehydrocarbon world is beginning to quietlyshift from the Persian Gulf to the Americas,thanks to the shale boom, hydrocarbon ex-traction in the South Atlantic and Canada’sAlberta Province, and other developments.

The United States, for the foreseeable fu-ture, will remain the dominant sea power,while Europe will stay a significant maritimeplayer. Yet, the international maritime orderwill continue to gradually but fundamentallychange as new powers acquire greater eco-nomic and naval heft.

According to a projection by the recentlyreleased Global Marine Trends 2030 report,as the global GDP doubles over the next 17years China will come to own a quarter of theworld’s merchant fleet. Several other mar-itime states in the Asia-Pacific, including Ja-pan, South Korea, India, and Vietnam, are

also set to significantly enlarge their mar-itime footprints.

Admittedly, there are real threats to mar-itime peace and security from the changingmaritime power equations and the sharp-ening competition over resources and geo-political influence. The Asia-Pacific region —with its crowded and, in some cases, contest-ed sea lanes — is becoming the centre ofglobal maritime competition. Maritime ten-sions remain high in this region due to rivalsovereignty claims, resource-related compe-tition, naval build-ups, and risingnationalism.

A lot of attention has focussed on the mar-itime implications of China’s rise. PresidentXi Jinping has championed efforts to buildChina into a global maritime power, sayinghis government will do everything possibleto safeguard China’s “maritime rights andinterests” and warning that “in no way willthe country abandon its legitimate rightsand interests.” China’s increasing emphasison the oceans was also evident from theNovember 2012 report to the 18th nationalcongress of the Chinese Communist Partythat outlined the country’s maritime powerstrategy. It called for safeguarding China’smaritime rights and interests, includingbuilding improved capacity for exploitingmarine resources, and for asserting thecountry’s larger rights.

The risks of maritime conflict arising frommistake or miscalculation are higher be-tween China and its neighbours than be-tween China and the U.S. There has been acourse correction in the Obama adminis-tration’s “pivot” toward Asia, lest it puts it onthe path of taking on Beijing. Washingtonhas bent over backward to tamp down themilitary aspects of that policy. Even the term“pivot” has been abandoned in favour of thesofter new phrase of “rebalancing.”

The U.S., moreover, has pointedly refused

to take sides in sovereignty disputes be-tween China and its neighbours. It hassought the middle ground between seekingto restrain China and reassure allies but, asformer U.S. Deputy Secretary of State JamesSteinberg has put it, “without getting our-selves into a shooting war.” China has alsoshied away from directly challenging U.S.interests. It has been careful not to step onAmerica’s toes. Its assertiveness has beenlargely directed at its neighbours.

After all, China is seeking to alter the terri-torial and maritime status quo in Asia littleby little. This can be described as a “salami-slice” strategy or, what a Chinese general,Zhang Zhaozhong, this year called, a “cab-bage” strategy — surrounding a contestedarea with multiple security layers to denyaccess to the rival nation.

Bit-by-bit strategy

This bit-by-bit strategy increases the riskof maritime conflict through overreach, andthe inadvertent encouragement it providesto neighbouring countries to overcome theirdifferences and strategically collaborate.

The new international maritime challeng-es, however, go beyond China’s jurisdiction-al “creep.”

The oceans and seas not only have becomepivotal to any power’s security and engage-ment with the outside world but they alsoconstitute the strategic hub of the globalgeopolitical competition. The growing im-portance of maritime resources and of sea-lane safety, as well as the concentration ofeconomic boom zones along the coasts, hasmade maritime security more critical thanever. The maritime challenges extend tonon-traditional threats such as climate secu-rity, transnational terrorism, illicit fishing,human trafficking, and environmental deg-radation. The overexploitation of marine re-sources has underscored the need for

conservation and prudent management ofthe biological diversity of the seabed.

Deep seabed mining has emerged as a ma-jor new strategic issue. From seeking to tapsulphide deposits — containing valuablemetals such as silver, gold, copper, manga-nese, cobalt and zinc — to phosphorus nodu-le mining for phosphor-based fertilizersused in food production, the inter-statecompetition over seabed-mineral wealth un-derscores the imperative for creating a regu-latory regime, developing safe and effectiveocean-development technologies, findingways to share benefits of the common heri-tage, and ensuring environmentalprotection.

Inter-state competition over seabed min-erals is sharpening in the Indian Ocean, forexample. Even China, an extra-regionalpower, has secured an international deep-seabed block in southwestern Indian Oceanfrom the International Seabed Authority toexplore for polymetallic sulphides. Morebroadly, some of the outstanding boundary,sovereignty and jurisdiction issues — ex-tending from the Arctic to the Indian Ocean— carry serious conflict potential. The recru-descence of territorial and maritime dis-putes, largely tied to competition overnatural resources, will increasingly have abearing on maritime peace and security.

Bangladesh and Myanmar have set an ex-ample by peacefully resolving a dispute overthe delimitation of their maritime bounda-ries in the Bay of Bengal. They took theirdispute to the International Tribunal for theLaw of the Sea for adjudication. The Tribu-nal’s verdict, delivered in 2012, ended a po-tentially dangerous dispute that was fuelledin 2008 when, following the discovery of gasdeposits in the Bay of Bengal, Myanmar au-thorised exploration in a contested area,prompting Bangladesh to dispatch warshipsto the area.

However, some important maritime pow-ers, including the U.S., are still not party tothe 1982 U.N. Convention on the Law of theSea (UNCLOS). Iran recently seized an Indi-an oil tanker, holding it for about a month,but India could not file a complaint with theInternational Tribunal for the Law of the Seabecause Tehran has not ratified UNCLOS.The seizure of the tanker, carrying Iraqi oil,appeared to be an act of reprisal againstIndia’s sharp reduction of Iranian oil pur-chases under U.S. pressure.

The threats to navigation and maritimefreedoms, including in critical straits andexclusive economic zones (EEZs), can becountered only through adherence to inter-national rules by all parties as well asthrough monitoring, regulation andenforcement.

Great-power rivalries, however, continueto complicate international maritime secu-rity. The rivalries are mirrored in foreign-aided port-building projects; attempts to as-sert control over energy supplies andtransport routes as part of a 21st-century-version of the Great Game; and the establish-ment of listening posts and special naval-access arrangements along the great tradearteries.

The evolving architecture of global gov-ernance will determine how the world han-dles the pressing maritime challenges itconfronts. The assertive pursuit of nationalinterest for relative gain in an increasinglyinterdependent world is hardly a recipe forharmonious maritime relations. Anotherconcern is the narrow, compartmentalisedapproach in which each maritime issue issought to be dealt with separately, instead ofaddressing the challenges in an integratedframework.

(Brahma Chellaney, a geostrategist, is theauthor, most recently, of Water, Peace, andWar — Rowman & Littlefield, 2013)

Tackling new maritime challenges Brahma Chellaney The international maritime order will

continue to gradually but fundamentallychange as new powers acquire greatereconomic and naval heft

Opinion pollsThe Congress’s stand, expressingagreement with the ElectionCommission’s view that opinionpolls should be banned (Nov. 4),reflects its hypocrisy. Theargument that opinion polls couldmislead people is a weak defence.The electorate is not foolishenough to be swayed by opinionpolls.

Recent poll surveys havepredicted a defeat for the Congressin the Assembly elections to fiveStates and the 2014 generalelection. This seems to have madethe party jittery. One wonderswhether the Congress would haveadopted a similar stand if theopinion polls had predicted avictory for the party.

N. Sadhasiva Reddy,Bangalore

Since the main issue in theforthcoming elections iscorruption, the Congress hasendorsed the ElectionCommission’s suggestions onbanning opinion polls. The resultsof poll surveys help voters to forman opinion about various parties.Politicians should not have theexclusive right to influence theelectorate. The allegation thatrandom surveys are erroneous,lack credibility and can bemanipulated holds good forpolitical parties’ propagandamaterial too.

P.R.V. Raja,Pandalam

The Election Commission hasalready banned exit polls till thecompletion of elections to avoidinfluencing voters. It now wants toban opinion polls too. This willamount to an infringement on thefreedom of expression. TheCongress may be perturbed by the

fact that recent opinion polls havepredicted poor results for the partyin the coming elections. Thatshould be no reason to change theexisting system.

Ettirankandath Krishnadas,Palakkad

The Congress’ stand that opinionpolls are neither scientific nortransparent, and can misleadpeople contradicts the generallyaccepted fact that our votersexercise their choice wisely.Banning opinion polls wouldamount to curbing the democraticright of the media to disseminateinformation on the basis of whichvoters can make an informedchoice.

H.R. Bapu Satyanarayana,Mysore

Opinion polls are indeedunverifiable and can bemanipulated. No opinion poll iscompletely accurate. There havebeen instances of their not onlygoing wrong but also beingcontrary to the real verdict.

Hardcore party loyalists willvote only for their parties. It is onlyfence-sitters who will vote for theparty or alliance which opinionpolls project as the winner.

A. Jainulabdeen,Chennai

It’s not recoveryThe editorial “How real is therally?” and C.P. Chandrasekhar’sarticle “A Sensex gone awry” (Nov.4) capture the hidden realities ofthe stock market growth. Therecent meteoric rise of the Sensexis mistaken for recovery and manysections of the media have glorifiedthis nomadic behaviour of FIImoney. FIIs have found temporaryshelter in the Indian stock marketonly to move out soon whenconditions become favourable in a

different geography. Both thepieces serve a good caution toinvestors to stay away from thistamasha which has nothing to dowith economic recovery.

S. Vaidhyasubramaniam,Thanjavur

Sensex is not the real barometerfor the development or health of acorporation as it takes into accountvarious external factors.Sometimes, share prices aremanipulated by big corporationsand stock brokers for takeovers orinfusion of funds.

G.M. Rama Rao,Visakhapatnam

Mars missionIs the proposed mission to Mars adire necessity for India? Are thereno other issues craving forimmediate attention? Agreed, wecan send the message that we are apower to be reckoned with in spacescience. But of what use is thispride when we cannot tackle basicproblems in health and education?Our farmers are languishing in thewild. Inflation has peaked likenever before. The common man’slife has become miserable. There isa saying in Telugu that one whodoes not have even a grain to eatshould not apply lavender oil to hismoustache.

Sivamani Vasudevan,Chennai

We are looking for microbial life onanother planet when we are unableto provide basic amenities to liveswhich exist on this planet. Let usfocus more on improving oureconomy and satisfying people’sbasic needs.

Aditya Singh Dinkar,Kochi

India has made significantcontribution to space science. It is

only right for it to continue doingso. Let us wish the Mars mission allthe very best.

H.N. Ramakrishna,Bangalore

The mission is not just aboutcollecting information on the redplanet. It will prove India’spotential to carry out atremendous task at theinternational level. There are somewho feel India should not spend onspace missions when half of itspopulation lives in poverty. For acountry that has virtually writtenoff the huge black money stashedaway abroad, Rs 460 crore shouldnot matter much.

Amulya Venkateshappa,Bangalore

Freeing bureaucracyThis refers to the editorial onfreeing bureaucracy from theclutches of politicians(“Unshackling the bureaucracy,”Nov. 2). There are no rules thatforce civil servants to heed the oralinstructions of higher-ups,particularly politicians. More oftenthan not, bureaucrats blame theirpolitical bosses once theirdecisions become an issue. In ademocracy, electedrepresentatives have a right toformulate and implement policydecisions. That cannot be seen asinterference.

Rajan Vairavan,Thiruvananthapuram

Thanks to the Supreme Courtverdict on insulating officers frompolitical interference, civilservants will find redress inmatters of postings and transfers.But the annual confidential reportsof high-ranking officers will still bein the hands of politicians.

M. Bhimashankar,Hyderabad

The Supreme Court’s direction tothe Centre and the States to set upCivil Service Boards to handletransfers, postings and otherdisciplinary matters is welcome.Security of tenure is a must for civilservants to understand theproblems of the region they areposted to.

Barkha Tamrakar,Raipur

The wings of many talentedofficers are clipped by politicians,as a result of which they are unableto do justice to their job. On manyoccasions, officers are subjected tohumiliation. They are victims ofvested interests. The recentsuspension of Durga Nagpal inUttar Pradesh is a typical example.

Mohandas,Palakkad

Adieu, ReshmaIt was Reshma’s untrained, rawvoice that captivated the people ofthe subcontinent. Her voice wasneither shrill nor piercing. Thosewho have heard the desert music ofArabia sung by the Bedouin,Arabic-speaking nomadic people ofthe Middle Eastern deserts, willrelate to the free-flowing voice ofReshma, whose ancestors alsobelonged to the Thar desert ofwestern Rajasthan. Reshma struckan instant rapport with listeners.Main toh bas gaa leti hoon (Imanage to sing) was her standardrefrain. When Subhash Ghaiapproached her to sing the folksong Lambi Judai for Hero, heasked her about her remuneration.The singer is said to have repliedthat she got her remuneration bybeing asked to sing in a Hindimovie (Mujhe mera mehantana milgaya). The rusticity of her voice wasthe key to her success.

Sumit Paul,Pune

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

The move by the Indian Railways to privatise a

section of passenger traffic, and the launch by

Minister Mallikarjun Kharge of the High

Speed Rail Corporation, at this juncture, need

to be very closely evaluated. The talk of privatisation in

the Railways has gone on for long, though not many

efforts had borne fruit in the past. There needs to be

some clarity and a clear policy on privatisation in

India’s biggest monolithic public sector undertaking. It

must be remembered that only the Railways have an

annual budget of their own, outside the general budget.

So long as this route and the Public-Private Partner-

ship model were looked at from the commercial or

goods movement angle, or even for the production of

coaches and locomotives, there was no problem. Obvi-

ously, the Railways cannot keep on investing in new

production units. These efforts have succeeded only to

a limited extent. Is that why the Railways have now

turned to opening up a segment of passenger traffic to

the private sector? When they speak of high speed

corridors and the need to run trains at 160 kmph or

even 200 kmph, it naturally means creating new in-

frastructure that calls for massive investment — which

the Indian Railways cannot afford now.

But the decision to offer seven identified high-densi-

ty traffic corridors to this model is fraught with danger.

Take the Mumbai-Ahmedabad or Chennai-Bangalore

sectors, for instance. Any number of trains or flights on

these routes are bound to be full. Of course, the rail

routes have reached a saturation point and there is

need to go in for dedicated, perhaps elevated, high

speed corridors. The country’s experience with the

private sector in the transport field has not been too

good. Air India remains a standing example of how the

public sector was made to lose out to private airlines.

Private bus transport stumped the nationalised road

transport corporations for a variety of reasons. The

seven corridors likely to be offered in PPP mode can

surely generate enough profits for the private investor.

What do the Railways get from it? Where is the regu-

lator to look at traffic, tariff, and safety on the rails? The

Commissioner of Railway Safety can handle only the

track, and nothing more. There needs to be a larger

debate on this proposal and this government, which is

nearing the end of its current innings, should not be

taking such a major plunge. Having delayed this con-

cept for so many years, nothing will be lost if all these

issues are discussed threadbare, and the new govern-

ment next year can take the right decision with all the

inputs. Meanwhile, it would do well to focus on the

many major infrastructure projects that are waiting to

be implemented.

Staying on the rails

CARTOONSCAPE

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WEDNESDAY, NOVEMBER 6, 2013

10 THE HINDU WEDNESDAY, NOVEMBER 6, 2013

CHENNAI

EDITORIAL

India’s first interplanetary probe, the Mars Orbi-

ter Mission, has left home on the first leg of a

voyage of scientific discovery. Once again, the

Polar Satellite Launch Vehicle developed by the

Indian Space Research Organisation performed its task

with impeccable ease. A long and difficult trek now lies

ahead of the spacecraft. It will circle Earth for the rest

of this month, repeatedly firing an onboard liquid-

propellant engine to gain velocity. Shortly after mid-

night on November 30, the engine will fire again to put

it on course for the Red Planet, a journey of 680 million

kilometres that will take almost 300 days to complete.

Such deep space missions have inherent risks, especial-

ly for a country attempting one for the very first time,

and failures litter the history of Mars exploration. Only

the Soviet Union, the U.S. and Europe have succeeded

in getting spacecraft to the fourth planet from the Sun.

Japan, a nation whose space programme began well

before India’s and which has rich experience in a varie-

ty of space missions, ran into problems that ultimately

crippled its maiden Martian venture launched in 1998.

The Nozomi spacecraft’s propulsion system malfunc-

tioned and then powerful solar flares seriously dam-

aged key components. The probe ended up shooting

past Mars, instead of going into orbit around it. China

tried to hitch a ride for its Yinghuo-1 spacecraft on

Russia’s Phobos-Grunt. But the latter was unable to

leave Earth orbit and burnt up as it fell to the ground

early last year.

If India does triumph with its Mars mission, it will

have stolen a march on its Asian rivals. But it will not

mean that this country has pulled ahead of Japan or

China, which have far more advanced capabilities in

many areas of space technology. However, with efforts

like the Chandrayaan-1 lunar probe launched five years

back, the present Mars mission, and Chandrayaan-2,

which will attempt to put a lander and rover on the

Moon in a few years’ time, ISRO is unmistakably sig-

nalling its intention of being a significant player in

space exploration. Should money be spent on such

ventures? Questions about the worthwhileness of the

space programme are nothing new. Studies have, how-

ever, shown that the country has more than recouped

the money it invested in space. But those returns were

not immediate and took many years, even decades, to

materialise. It is difficult to predict all the benefits that

might accrue from something like the Mars mission,

some of which may be intangible but nevertheless vital

for the country in the long run. The most important of

such benefits could well be to fire the imagination of

young minds in this country, getting them to dream

about possibilities for tomorrow.

India’s voyage to Mars

There is a buzz around NarendraModi wherever he goes these days.The jauntiness of his stride reflectsreality: his campaign to become

Prime Minister of India has gained momen-tum. He has rhetorical skills, although noth-ing that approaches the heights of politicaloratory that Atal Bihari Vajpayee could at-tain at will, with practised effortlessness,over the decades. The Gujarat Chief Ministereven has charisma of a kind, which appeals toa sizeable section of India’s urban middleclasses and youth.

More important, with Mr. Modi’s nomi-nation for the top job in the land, the stock ofthe Bharatiya Janata Party has strengthenedin the political marketplace. It does not re-quire much psephology to see that this sig-nificant change in the mood of voters is ininverse proportion to the move towards junkstock status that the Congress has managedto achieve after being at the head of a coali-tion for nearly a decade. The ruling party hasmanaged this through the bankruptcy of itssocio-economic policies and its unmatchedlevels of corruption. Every public opinionpoll that matters puts Mr. Modi and his partyin the lead, with some surveys suggestingthat the National Democratic Alliance,which at this point has only three constitu-ents — the BJP, the Shiv Sena, and the Shiro-mani Akali Dal — could win more than 190 ofthe 272 seats needed to constitute a LokSabha majority. No wonder the Congresswants opinion polls proscribed.

Aggressive anticipation

In States where the BJP has a mass politi-cal base, which mostly means Hindi-speak-ing and western India, the organisationaland propaganda machinery of the Sangh Pa-rivar, the Hindu Right, has gone into top geara full half-year before a general election isdue. There is an air of aggressive anticipationand flexing of muscle by the most fanaticalorganisations, and the extremist elements,of the Parivar. They are the would-be en-forcers of the anti-constitutional and un-Indian Hindutva agenda in a country ofenormous diversity, which includes theworld’s third largest population of Muslims(after Indonesia and Pakistan), estimated tobe in the region of 170 million. In States andregions where the BJP has nothing like amass political base, which means the wholeSouth other than Karnataka and much ofeastern India, there is a sense of curiosity

about a political figure projected by Hindut-va propagandists, with significant backingfrom corporate India and sections of theurban intelligentsia, as ‘Vikas Purush.’ This‘Man of Development’ is supposed to havemade ‘Vibrant Gujarat’ an irresistible modelfor future India.

Seat predictions

There are of course doubts about the LokSabha seat predictions, based on no scienceat all, that the pollsters manage to conjure upfrom credible survey findings on voting in-tentions and projected party shares of thepopular vote. There must be some angst inthe Modi camp about the political implica-tions of one survey projection that in thesixteenth Lok Sabha the BJP and the Con-gress together would fall short of a simplemajority of seats. That suggests the possibil-ity of a combined and relatively stable post-election front of regional parties coming topower, with support from the Left and, quitelikely, from the Congress as well. Anotherquestion that reportedly worries some BJPstrategists is whether the Modi campaignhas ‘peaked’ too early in the electoral game.

Politically aware Indians know how theGujarat Chief Minister got to this point. Themost important factor behind this heart-ening awareness is the broad alignment ofdemocratic and secular political oppositionto the RSS-shaped policies and persona ofMr. Modi that has formed across the countryduring the dozen years he has been in office.A massive amount of material, includingfresh evidence surfacing in the courts andemerging from the testimony of senior po-lice officers and civil servants, is now avail-able on the horrors of the Gujarat pogrom ofFebruary-March 2002: the precise sequenceof events; the deliberate instigation of com-munal violence, reminiscent of the July 1983anti-Tamil pogrom in Sri Lanka, throughallowing the display of the bodies of karsevaks and their families killed brutally on

the Sabarmati Express as it approached God-hra; the fuelling of hate politics and the neu-tralisation of the police, not by negligencebut as a matter of communal statecraft andrealpolitik at the highest levels of the Stategovernment; and the material assistance andcover provided to the organisers of the po-grom and to the frenzied mobs let loose tomurder, rape, torture, loot, pillage, and in-timidate so as to ‘teach Muslims a lesson’and get away with it.

Against such a background, news mediacoverage, springing from a long democratictradition and rooted in factuality, has actedas a professional antidote to the ‘Vikas Pu-rush’ propaganda. What this news coverage,which is accompanied by some analysis and agenerous supply of outspoken comment, hasdone is constantly to remind hundreds ofmillions of Indians that Mr. Modi is a highlydivisive figure, with a special notoriety root-ed in his and his government’s role in 2002.Thanks to the media and the dedicated workof several civil society organisations, neitherdemocratic India nor the world at large islikely to overlook the fact that the deep so-cial wounds inflicted more than a decade agoare still festering. For one thing, there isplenty of evidence of the continuing immis-eration and ghettoisation of Gujarat’s Mus-lims, who constitute a little over nine percent of the State’s population.

The politically aware also know wheretrue accountability for 2002 lies. They knowthat, in sum, the role played by Chief Minis-ter Modi and his government was to enablethe worst communal carnage India has suf-fered in the past quarter-century, and there-after to subvert justice in every wayconceivable, until the Supreme Court of In-dia intervened in game-changing fashion touphold the law and the Constitution. Theyknow, further, that ‘Vikas Purush’ has beenunrepentant, refusing to apologise for thepogrom, only conceding provocatively, withbreath-taking insensitivity combining with a

defensiveness in the face of the criminal lawin process, that if “someone else is driving acar and we’re sitting behind, even then if apuppy comes under the wheel, will it bepainful or not? Of course it is.”

What is assured is that 2002 as a legal,political, and moral problem will not go awayin the conceivable future. The problem couldonly become more complicated, domestical-ly and internationally, were Mr. Modi tobecome Prime Minister. It is surely signif-icant that aside from the Congress and theLeft, several regional parties, including animportant erstwhile BJP ally, the Janata Dal(United) led by Bihar Chief Minister NitishKumar, have come out in spirited oppositionagainst such a prospect. The more astuteamong these political adversaries have madeit clear that their opposition is not so muchto an individual as it is to the world-view andset of policies that the individual represents.

The broad front of domestic political op-position to Mr. Modi’s policies and personais bolstered by his unenviable internationalstatus: he is not quite persona grata, to put itmildly, in the comity of nations. The U.S.denial in 2005 of a diplomatic visa to theChief Minister of an investment-friendly In-dian State — a considered decision takenunder a law that makes a foreign governmentofficial who was responsible for, or who “di-rectly carried out, at any time, particularlysevere violations of religious freedom” ineli-gible for the visa — highlights this aspect ofthe problem.

1984 & 2002

From time to time, Parivar spokespersonshave aired the complaint that ‘double stan-dards’ are adopted by the news media and‘pseudo-secular’ politicians and intellectualswhen it comes to judging 1984, when anestimated 8,000 Sikhs were massacred, and2002, when the death toll was ‘just over’ athousand. The comparison, although not thecomplaint, is valid. The underlying argu-ment, that one monstrous wrong neutralisesor cancels out another, is morally repugnantand politically beyond the pale.

An interesting question arises at thispoint: So why has Mr. Modi not apologisedfor the 2002 pogrom? Why has he not learntfrom the precedent set by Prime MinisterManmohan Singh who, although he was inno way accountable for the carnage of Sikhsin 1984, had “no hesitation in apologising tothe Sikh community… [and] the whole Indi-an nation because what took place in 1984 isthe negation of the concept of nationhoodenshrined in our Constitution.” It is truethat the Prime Minister’s public apology,which was made in Parliament on August 12,2005, fell far short of a ‘truth and reconcil-iation’ exercise. Nevertheless, as a moral andpolitical gesture, it contrasts positively withChief Minister Modi’s unrepentant and un-reconstructed stance.

There is a strategic calculation behind theBJP prime ministerial candidate’s positionon what happened in 2002. It is that thisbenighted chapter in contemporary Indianhistory appeals reflexively — ideologicallyand emotionally — to the Parivar and feedsnaturally into its core communal agenda. Byall accounts, after a decade of ideologicalconfusion and political disarray within theParivar, the Rashtriya Swayamsevak Sanghhas decreed that the BJP’s focus, for mobil-isation as well as national governance, mustbe on core Hindutva. There is no objection ofcourse to bringing in the developmenttheme, the ‘Vikas Purush’ narrative that be-guiles corporate India and appeals to cohortsof voters disillusioned with Congress pol-icies. But the focus on core, irreducible Hin-dutva, with its panoply of disintegrativeissues, symbols, and campaigns, including‘Ram Janmabhoomi’, must not be blurred.

It is this unbreakable genetic connectionbetween 2002 and the present that makes itclear that a Modi prime ministership wouldbe disastrous for democratic and secular In-dia — where the Constitution’s most impor-tant commandment, that nobody is more orless equal than anyone else, can be honouredin principle as well as in practice.

Narendra Modi and why 2002 cannot go awayN. Ram The Gujarat pogrom is the elephant in BJP’s

parlour. It is the unbreakable geneticconnection between 2002 and the presentthat makes it clear that a Narendra Modiprime ministership would be disastrous fordemocratic and secular India

Mars missionOur Diwali celebrations have beenenhanced manifold with thesuccessful launch of the MarsOrbiter. November 5, 2013 willsurely be remembered as a redletter day in ISRO’s illustrioushistory. Let us all wish and praythat the mission is accomplishedwithout any hitch.

Shahabuddin Nadeem,Bangalore

The successful launch of the MarsOrbiter mission is an outstandingachievement and a step in the rightdirection. Scientists and engineersof ISRO should be congratulatedon completing the project at recordspeed and budget.

Geethu Issac,Thiruvananthapuram

At a time when we read and hearonly bad news of political blamegame, charges and counter-chargesof corruption and exploitation ofthe weaker sections of society, thenews of the successful launch ofthe PSLV carrying a satellite to thered planet is soothing andencouraging. We hope and praythat the various milestones of themission will be accomplishedproving to the world that althoughwe may lag behind in many socialand economic standards, we arenext to none in scientific talent.

C.K. Saseendran,Bangalore

This refers to the letter that aperson should not apply oil to his

moustache when there is no grainin the house (Nov. 5). Had ISROnot undertaken the Mars mission,would food grains have beendistributed to all the needy? Tamilpoet Avvayar said: … pichaipuginum karkai nandre — oneshould pursue learning even if hebegs to meet his needs. Povertyshould not be a hindrance toenlightenment.

G. Sridharan,New Delhi

The criticism of the Mars Missionis unwarranted. We have just spentcrores this Diwali on rockets. Can’twe spend Rs. 460 crore on a realrocket? The quest to understandspace in India is as old as the Vedas.ISRO has revived the legacy byinvesting in and inventingadvanced technology to explorespace. The Mars Mission is not ashow-off, but a step towardsunderstanding the universe — asmall step, but promising.

Ikbal Ahmed,Delhi

CHOGM summitThe UPA government shouldaddress soon its dilemma overwhether or not Prime MinisterManmohan Singh should attendthe Commonwealth Heads ofGovernment Meeting in Sri Lanka.That its political needs are takingpriority over the security andstrategic interests of the country isunfortunate. The coalition era hasgiven a regional colour to nationalpolicies. While greaterparticipation by the States is

welcome in a federation, it shouldnot harm the national character.Tamil Nadu must appreciate thatonly a healthy debate can bring asolution to any problem.

Lakshmi Swathi Gandham,Guntur

The political parties of Tamil Naduhave demanded that the Centreboycott the CHOGM summit.There is a shrill cry that Sri Lankashould be expelled from theCommonwealth itself.Participation in the meet is vital toissue the necessary directive to theisland nation to organise Tamilsand ensure resettlement in a bettermanner.

T.M. Renganathan,Srirangam

It is no secret that the UPAgovernment turned a blind eye tothe killing of unarmed Tamilcivilians during the last phase ofthe Eelam war. The media hasprovided enough proof of this. It isimmaterial whether Dr. Singhattends CHOGM; it makes nodifference.

K. Narayana Rao,Bangalore

Opinion pollsInstead of banning opinion polls,the Election Commission canconsider restricting their modeand the timing of the results’publication. The credibility of anopinion poll or survey is largelydependent on the sample size andselection. India being a largecountry with heterogeneous

sections, it is difficult to drawprecise conclusions. In countrieswith smaller and morehomogeneous population, opinionpolls can be more accurate.

Elections are conducted in astaggered manner and thecounting of votes is kept pendinguntil the elections are completed inall the States. This is because theresults in one State can influencethe voting pattern in another State.How, then, can opinion polls whichare only predictions be presentedin the name of true public opinion?This does not mean they should bebanned. Opinion polls can beallowed but results should beannounced only after votersexercise their franchise.

P.G. Mathew,Kochi

Opinion polls do influence voterbehaviour. They have a hugeimpact on those who have a narrowcircle of awareness and dependonly on a few television channelsand local newspapers forinformation and opinion. Howmany TV channels and newspaperswork in an unbiased mannertoday? Many of them are owned bypolitical parties. I support the viewthat opinion polls should bebanned.

Meesala. Sreelakshmi,Srikakulam

Instead of conducting opinionpolls and publishing their findings,the media and other organisationsshould disseminate information oncandidates who have a clean

record. Rather than boast abouthow their opinion polls predictedthe outcome of an electioncorrectly, they should take comfortfrom helping the masses make theright choice.

Yashaswi M. Gundi,Bangalore

When political parties spendcrores on electioneering —conducting meetings and givingadvertisements asking people tovote for their candidates — what iswrong in publishing opinion pollswhich may or may not sway publicopinion? Voters should not bedeprived of any poll-related news.Our democracy will become amockery if such curbs are imposedby the Election Commission.

K. Sivasubramanian,Chennai

The first opinion poll wasconducted in 1824 in the U.S. Sincethen, the exercise has beenregularly conducted in all maturedemocracies across the world.Opinion polls disseminateinformation and help voters makea critical evaluation of contestants.At a time when there is need forgreater transparency, the banningof opinion polls would be aretrograde step. A ban will not onlycurb the freedom of speech but alsocurtail people’s right toinformation. Political partiesadvocating a ban should rememberthat they can shoot the messenger,not the message.

S.S. Kaddargi,Gulbarga

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

The Supreme Court’s award of a record com-

pensation of Rs.5.9 crore in a case of medical

negligence is in continuation of its well-con-

sidered stance of balancing the rights of pa-

tients with the legitimate protection of doctors when

they are on call. The significance of such an approach

cannot be overstated in the specific context of India,

where the health care system — in the public and the

private sector — functions under sub-optimal condi-

tions; while the entire medical profession operates

within the purview of the Consumer Protection Act.

Through successive judgments, the court has sought to

address the question of criminal culpability of medical

practitioners. It has insisted that the police cannot be

allowed to proceed against doctors for negligence, un-

less authorised by expert medical opinion. An impor-

tant parallel to this line of reasoning is also the legal

protection guaranteed to doctors to facilitate instanta-

neous and cashless treatment of victims of road acci-

dents. In the instant case involving a private hospital in

Kolkata, the apex court maintained in its 2009 verdict

that for negligence to amount to an offence, criminal

intent on the part of medical practitioners would have

to be established. It thus upheld the Calcutta High

Court’s acquittal of two of the doctors, even as it affixed

civil liability.

In fact, weighing all the relevant facts of the case, the

highest court has more or less tripled the amount of

compensation originally determined by the National

Consumer Disputes Redressal Commission. To that

extent, it may be said to have struck a reasonable

balance between the irreversibility of the loss of a

precious human life and holding the medical fraternity

to account for dereliction of duty. Governments must

draw important lessons from the culmination of the

15-year long judicial battle. There is, above all, a need

for mandatory accreditation of all medical facilities in

the public and private sectors and an independent

evaluation of their performance. This is a key recom-

mendation in the report of the High Level Expert

Group on Universal Health Coverage of the Planning

Commission. A health regulatory authority to develop

legal, financial and regulatory norms is the other pro-

posal in the report. The implications of these should be

self-evident in the current scenario of for-profit model

of providing health care. India’s doctor-to-population

ratio is well below the World Health Organisation stip-

ulation of one per one thousand and calls for urgent

corrective intervention. The mission of a medical pro-

fessional is to heal the sick and, arguably, to create a

disease-free environment for healthy living. While fix-

ing accountability is important, a concerted all-round

effort is needed to realise that objective.

In support of patient rights

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THURSDAY, NOVEMBER 7, 2013

12 THE HINDU THURSDAY, NOVEMBER 7, 2013

CHENNAI

EDITORIAL

The killing of Hakimullah Mehsud in a drone

attack has set off depressingly familiar reac-

tions that are telling about the state of play

within Pakistan, and its relations with the

United States. In a replay of what followed Osama bin

Laden’s killing in 2011, the killing of Mehsud has set off

more condemnation of the American violation of Pa-

kistan’s sovereignty and territorial integrity than an

honest assessment of who he was and how he had

brought the country to its knees. As the leader of the

Tehreek-e-Taliban Pakistan, Mehsud was the master-

mind of scores of terrorist attacks that killed innocent

Pakistanis by the hundreds in mosques, markets, hos-

pitals; the TTP took on the Pakistan Army, ambushing,

kidnapping and beheading soldiers, acts for which it

readily took responsibility, so much so that in popular

Pakistani narrative, it was even suspected of being a

proxy group of India. It was behind the attempted

killing of the teenager Malala Yusufzai for standing up

for girls’ education. It killed anti-polio workers sus-

pecting them to be American spies and holding the

immunisation programme as a conspiracy against Is-

lam. The TTP also played a dark role in the elections

earlier this year with a bloody campaign targeting can-

didates of the “secular” Pakistan People’s Party and

Awami National Party. Mehsud formed alliances with

other militant groups across Pakistan, building a coun-

try-wide terror network. Yet, he is being hailed by a

broad spectrum of Pakistani politicians as a Taliban

leader who wanted to make peace with the govern-

ment. Some have even described him as a martyr.

After a surge in terror attacks, the government —

armed with a mandate from an all parties’ conference —

had been trying to start a dialogue with the TTP, and

views the killing as a setback to this process. Prime

Minister Nawaz Sharif has said the efforts would con-

tinue, and a senior cabinet minister has demanded a

review of ties with the U.S. Considering the Taliban

have only contempt for Pakistan’s Constitution and

other aspects of the modern democratic nation state,

the question has always been if this is a peace process

or a surrender by the government. It is true that the

war by drones has repeatedly violated Pakistan’s sover-

eignty. Even if the Pakistani military and civilian lead-

ership are not complicit in it as the U.S. has repeatedly

claimed, it is hard not to concede that Mehsud’s elim-

ination must have unnerved the TTP, at least for now,

and given the Sharif government an invaluable oppor-

tunity to forge a new, more visionary political consen-

sus on how to deal with the terrorism, extremism and

militancy eating at the country’s vitals. Unfortunately,

all signs are that Pakistan will choose not to take it.

Pakistan’s telling reflexes

As the extended term of Pakistan’sArmy chief, General Ashfaq Kaya-ni, is set to come to a close on No-vember 29, Prime Minister Nawaz

Sharif’s dilemma in appointing a successorto the General is clear. He wishes to utilisethe change of guard to initiate a process ofchange in the established civil-military rela-tionship, and wants to ensure that the newperson would not do a Musharraf on him.This requires that the chosen officer is ame-nable to the radical changes that Mr. Sharifwants to bring about, and is able to carry theCorps Commanders with him. At the sametime, Mr. Sharif wishes to appear to be goingby seniority and merit — and this severelylimits his choices. All this is causing an in-ordinate delay in the naming of a new chiefand leading to dark speculation at a sensitivetime for the Army.

Multiple crises

The Pakistan Army has faced multiple cri-ses for some years now. These include thecontinuing insurgency in the Federally Ad-ministered Tribal Area (FATA), and the vir-tual stalemate between the defence forcesand the Tehreek-e-Taliban Pakistan (TTP).The situation in Afghanistan offers opportu-nities to the Army but has to be handleddeftly to ensure that Pakistan does not getcaught in a quagmire. The memories of theU.S. action involving the killing of Osama binLaden in Abbottabad in May 2011 have notdisappeared from public memory; the sting-ing and wholesale criticism of the Army inthe report of the Abbottabad Commission(that has been leaked) has not covered theinstitution with distinction.

General Musharraf’s bizarre conductsince his retirement, his return to Pakistandespite the advice of the top Army brass, andhis continuing house arrest in one criminalcase after another, have severely embar-rassed the entire Army, though it has en-sured he is not humiliated beyond a point.The reputation for probity that some Pakis-tani Generals have had, has taken a hit too.There have been whispers of the involve-ment of General Kayani’s brothers in ques-tionable business deals.

The many difficulties it faces have almosteliminated, for the present, the Army’s appe-tite to interrupt the process of democraticgovernance established after General Mush-arraf relinquished power in 2008. Besides, itwould hardly be rational for the Army to stepin at a time when Pakistan is boxed in on theeconomic front, the social front and the se-curity front. No national institution can at-tempt to salvage the situation irrespective ofits level of internal cohesion and the re-sources at its command.

Such times require a political consensusand will, and the Army, notwithstanding itscontinuing and hardly disguised contemptfor politicians, is aware of the role that poli-ticians have, especially now, to play in thedomestic sphere.

If anything, the Army is seeking to make avirtue of necessity by publicly asserting its

faith and commitment to constitutionalgovernance.

The Pakistan Constitution has not createda special place for the Army in the govern-ance of the country. No seats are reserved forthe generals in Parliament, nor is there anyspecific provision which empowers them tohave a dominant role in decision-making inthe security sphere. There is nothing whichgives the Army Chief the final voice in mak-ing appointments in the Army itself. On pa-per, it is the political executive which hasdecision-making power in these areas — inline with the constitutional practice in es-tablished democracies.

The reality

However, the reality of Pakistan is alto-gether different. Here, the Army has alwaysconsidered itself the ultimate defender ofthe country’s ideology, and politicians havegenerally been ever willing to let the Gener-als have their way on the internal workingsof the Army and on all aspects of Pakistan’ssecurity policies. The Army is currently waryof the emerging political consensus on theneed to have a dialogue with the TTP.

The Abbottabad Commission Report is il-luminating with regard to civil-military rela-tions. The Commission asked the thenDefence Minister, Chaudhary Ahmed Muk-htar, why he did not exercise his constitu-

tional authority. Mr. Mukhtar frankly said itwould take time for the Rules of Business tobe implemented in letter and in spirit. Headmitted that the Minister was not beingkept in the loop all the time, and that filesusually only went to the Defence Secretary.Retired Army Generals are routinely ap-pointed as Defence Secretaries.

What Mr. Sharif wishes to accomplish isthus the enforcement of the Constitutionand the implementation of the Rules of Busi-ness in letter and in spirit. This is importantfor him as he wants the Army to follow theemerging political consensus on the need tohold a dialogue with the TTP. This is not thefirst time he would be making such an at-tempt. During his second stint as Prime Min-ister (March 1997-October 1999), Mr. Sharifhad sought to do so. He had achieved partialsuccess when he asked for and obtained theresignation of the Army Chief General, Je-hangir Karamat. General Karamat had ad-vocated the formation of a National SecurityCouncil, in which the armed forces wouldhave a say in decision-making. An angry Mr.Sharif had considered this suggestion as be-ing beyond the functional competence of theArmy Chief. The rank and file of the Armywere unhappy with Mr. Sharif’s decision butwere unable to voice a view, let alone takeaction, because General Karamat wouldhave none of it. In appointing General Mush-arraf to succeed General Karamat, Mr. Shariffelt he too would accept the erosion of con-ventions which gave the Army Chief powerfar beyond what was constitutionally man-dated. However, soon after becoming theChief General, Musharraf told his confidantsthat he would preserve the Army’s turf andhe did so, and how!

In addition to the Army Chief, Mr. Sharifhas to appoint a Chairman of the JointsChiefs of Staff Committee who, in protocolterms, is senior to the Army Chief but has noreal power. The last Chairman retired re-cently and Mr. Sharif has kept the slot vacantso that he has the full range of availableofficers to make his choice as Army Chief.Mr. Sharif has obviously considered the pos-sibility of appointing the Navy Chief to thisoffice but is aware that such a move would bedeeply resented by the Army.

Of the five seniormost officers, it is thefourth-ranking General Tariq Khan, CorpsCommander, Mangla, who enjoys the high-est respect for his professional competence.However, he is unlikely to acquiesce in anyreal or perceived encroachment of the Ar-my’s turf in Pakistan’s public affairs. Theother four are dependable but with lack-lustre records, but how much any of themwould be willing to go along with Mr. Sharifis not clear.

As yet, the Army as an institution has notgiven any indication of a willingness to giveup its stranglehold on Pakistani policies to-wards India, Afghanistan and the UnitedStates. It controls Pakistan’s nuclear weap-ons. It is unlikely that it will give up itsdomination of Pakistan’s security policywithout a struggle. How far will Mr. Sharifpush and with what dexterity? Pakistan’spublic life will be interesting in the comingmonths and the result of possible changingequations will naturally have an impact onIndia-Pakistan relations and the region.

(Vivek Katju is a former Indian Ambassa-dor to Afghanistan)

Dynamics of change in PakistanVivek Katju The Pakistan Army is seeking to

make a virtue of necessity by publiclyasserting its faith and commitment toconstitutional governance

Modi & 2002The article, “Narendra Modi andwhy 2002 cannot go away” by N.Ram (Nov. 6), has raised severalissues of importance. Indiandemocracy is stronger than theforces set against it. We have, infact, gone from strength tostrength while resisting the forcesthat are detrimental to democracy.The BJP’s experiment with Mr.Modi will eventually strengthenour democratic values.

What is perhaps preventing Mr.Modi from apologising for theGujarat riots is the fear of beingisolated politically. Also, whilerefusing to offer a public apologyfor 2002, he is building up acontext in which a mere ‘sorry’would do to erase the memory ofthe riots. It should not surprise usif he offers a last-minute apology tomake peace.

S.A. Thameemul Ansari,Kayalpatnam

The question why Mr. Modi has notapologised for the 2002 pogrom isrelevant in the context of PrimeMinister Manmohan Singh’sapology for the 1984 riots. It wouldbe naïve to expect Mr. Modi, anardent disciple of the RSS whichswears by Hindu nationalism, tomake a democratic, secular leader.

B. Prabha,Varkala

1984 and 2002 are often brushedaway as two horrendous wrongsthat equalise the Congress and theBJP as far as communalism isconcerned. Godhra and post-Godhra were a culmination of over13 years of orchestrated hatred bythe sangh parivar, polarisingHindus and Muslims. While the1984 riots were barbaric, there wasno build-up of animosity betweentwo communities by politicalparties before the riots.

K. Anand,Bangalore

The corporate-backed propaganda,in the name of moving on for thesake of development, under acultivated image of a no-nonsenseModi, has made many gullible

people think of Mr. Modi as theonly alternative to the corruptCongress. Attempts are on by thepowerful elite corporate lobby andthe sangh parivar to sabotage themost probable and betteralternative of a front of regionalparties, strongly backed by theLeft.

Kasim Sait,Chennai

It appears that people who throngMr. Modi’s meetings have decidedto give him the benefit of the doubton his role in the post-Godhrahappenings. As of now, there seemsto be no alternative to him. RahulGandhi has not proved the rightcandidate. The Nehru-Gandhiconnection will not help him runthe nation.

K. Sivasubramanian,Chennai

Mr. Modi had not been implicatedby any court for the post-Godhrariots. He won the elections inGujarat for the third consecutivetime, in spite of the maliciouspropaganda carried out againsthim by activists and the media. Asfor apologising for the 2002 riots,he has clearly said if he is guilty, heshould be hanged.

Sudhakar Shenoy,Bangalore

Mr. Modi is the favourite accordingto some surveys not because he isthe best but because he is betterthan other alternatives. TheCongress made a big mistake byundermining Dr. Singh and makinghim do things which weredetrimental to his image-building.

That said, is there nothingpositive about Mr. Modi? 2002 isno doubt a blot on our history. Butto put the entire blame on Mr.Modi is unfair. He had no priorknowledge of the Godhra traincarnage. It was the handiwork ofdivisive forces. Hindufundamentalists easily fell into thetrap and went berserk.

Radhakrishnan Nair,Alappuzha

Is 2002 more horrific because Dr.Singh apologised on behalf of the

Congress for the anti-Sikh riots?Has any one involved in the riotsbeen convicted after almost 30years? Those responsible for the2002 riots, including a Minister inGujarat Cabinet, have beenconvicted.

Has Mr. Modi talked about the“so-called” Hindutva agenda afterbeing declared the primeministerial candidate by the BJP?His speeches are developmentoriented and highlight the failuresof the UPA government.

R. Prabu Ananth,Coimbatore

The article does not highlight Mr.Modi’s pluses. He is a mass leader,incorruptible, hard working,follows a frugal lifestyle, and hasthe ability to connect with themasses. He hails from the middleclass with no family of his own.When was the last time that we hada PM candidate of this genre?

Let us say he has someshortcomings, but the question is:do we have an alternative worthmentioning? About the U.S. notgiving him a visa, the lesser saidabout America’s human rightsrecord, the better.

Arun Kumar,Thiruvananthapuram

Human lives cannot becompensated by apologies —heartfelt or otherwise. Justiceneeds to be meted out byprosecuting those responsible forthe riots. On that front, 2002 faresway better than 1984, whose primeaccused were given the Congressticket to contest elections.

As for the insensitivity of Mr.Modi’s remark, let voters decidewhich of the two statements ismore insensitive, “When a big treefalls ...” or “When a puppy comesunder the wheel ...”

Abhimanyu Singh,Gurgaon

In a democracy, only electionsdecide the fate of politicians andpolitical parties. If the BJP is ableto secure a majority on its own orthrough an alliance and elects Mr.Modi as Prime Minister, we have toaccept it. One cannot ignore the

fact that post-2002, Gujarat hasbeen free from any form ofcommunal violence.

V. Raghavan,Chennai

While I agree with some of Mr.Ram’s observations, I do not thinkDr. Singh’s so-called apology to theSikh community was genuine. Itwas not an apology from theCongress party. No court hasconvicted Mr. Modi.

V. Viswanath,Kurnool

If Mr. Modi is found guilty, the lawof the land will catch up with himand award him exemplarypunishment. Whatever happenedto the principle of innocent tillproved guilty? Mr. Modi’s appealacross religious groups andstrength as a prime ministerialcandidate are a direct consequenceof UPA II’s many failures. AnotherCongress-led government, headedby a clueless Rahul Gandhi, willlead to more scams, poverty,befuddled foreign and economicpolicies and continuedmanipulation of religioussentiments.

B.V. Kumar,Bangalore

The Gujarat Chief Minister’s rolein the Gujarat riots will remain afodder for debate throughout hispolitical career.

However, in the present context,his development-oriented, decisiveleadership has been able to attractmany.

N. Sadhasiva Reddy,Bangalore

To ban or not to banThe suggestion that opinion pollsinfluence voting preferences iserroneous. If so, a good number ofopinion polls wouldn’t go wrong. Avast number of rural voters have noaccess to opinion poll results. Theyvote based on their experience,local needs, social preferences andpolitical interests. The speed andimpact of opinion polls in shapingvotes are vastly overestimated.Further, these polls gain inaccuracy as the election dates draw

closer. By that time, voters firm uptheir choices. Opinion polls serveas a useful guide to political partiesrather than voters. What theElection Commission should aimat doing is devising guidelines forconducting opinion polls in ascientific and objective manner.

Y.G. Chouksey,Pune

Whether or not we need opinionpolls has become another bone ofcontention between the rulingparty and the opposition. Opinionpolls have a few drawbacks whichaffect their credibility. They canneither be regulated nor validated.The size of the samples, the regionswhere opinion polls are conducted,and the tone and tenor of questionsasked raise many issues. Manysections of the media projecttainted candidates as winners,which not only hoodwinks votersbut also shapes the opinion ofundecided voters.

Prashant Rajput,New Delhi

There is an element of truth in theargument that a ban on opinionpolls infringes the right to freedomof expression enshrined in theConstitution.

But it is well known that peoplewho participate in opinion pollsrepresent neither India nor theState where an election is about tobe held. It cannot be assured that itis a majority opinion.

Pradeep Manyam,Khammam

ShockingIt was appalling to read that thewife of a Lok Sabha MP wasarrested for allegedly beating adomestic help to death andattempting to kill another minorhelp (Nov. 6). It is a shame that theso-called “high society” peopleindulge in such cruelty.

All of us forget that it is virtuallyimpossible for most of us tomanage our households withoutdomestic help. It is of utmostimportance that we treat themwith respect and dignity.

Sujatha Natarajan,Chennai

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

Although tuberculosis killed 1.3 million people

across the globe in 2012 and nearly 8.6 million

developed the disease, the world is on track to

reach some important targets of the 2015 Mil-

lennium Development Goals. According to WHO’s

global tuberculosis report 2013 released recently, the

incidence rate has been falling, and the mortality rate

since 1990 has been reduced by 45 per cent. Yet, at 37

per cent, the reduction in prevalence during the same

period is far below the half-way goal. In all likelihood,

India may be responsible for the slow reduction in

global TB prevalence. At 2.8 million (26 per cent), the

country has the highest caseload. But the true in-

cidence and prevalence would be higher if those ap-

proaching the private sector and remain unreported

are also taken into account. The government’s land-

mark decision last year to make TB a notifiable disease

by the public and private sectors was meant to correct

this anomaly. If implemented in earnest, every case

detected would get reported and the actual extent of

the disease will become known. Unfortunately, very

little has been done to ensure that the private sector

complies with the requirement. The government reluc-

tantly made TB a notifiable disease, and has shown

little interest in implementing the order.

WHO has taken special note of these missed out

people. Globally, three million people who developed

TB last year have been missed out by the national

notification systems, it notes. If detecting and notifying

all adult TB cases is found wanting in India, it is far

worse in the case of children below 15 years. WHO has

estimated that TB incidence among children is over

half a million across the world. But its recently released

road map for childhood tuberculosis clearly indicated

that the actual burden would be higher. WHO’s 2006

guidance on TB management in children indicated that

about one million TB cases the world over occur in

children. Though children can contract TB at any age,

those under five are especially vulnerable, particularly

those from households where an adult has been recent-

ly diagnosed with active pulmonary TB. Young children

are more susceptible to getting infected and face an

increased risk of progression to disease; they also ac-

quire the more severe forms of the disease. It is for

these reasons that WHO had recommended contact

tracing. Though India’s Revised National TB Control

Programme (RNTCP) has also approved contact trac-

ing of young children from such families, its imple-

mentation is at best sub-optimal. Thus, while RNTCP

estimates children with TB to be 10.2 per cent of the

total TB caseload, only seven per cent of the cases were

registered in 2011.

Missing TB cases

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FRIDAY, NOVEMBER 8, 2013

10 THE HINDU FRIDAY, NOVEMBER 8, 2013

CHENNAI

EDITORIAL

Aglobal audience running to tens of millions

awaits the start of the world chess champion-

ship title clash between champion Viswa-

nathan Anand and Norwegian prodigy

Magnus Carlsen, the highest ranked player in chess

history, in Chennai starting on November 9. Anand,

once known as the Lightning Kid for the speed at which

he annihilated opponents on the board, is now aged 43;

he is a five-time winner who has overpowered three

seasoned challengers since 2008. Believe it or not,

Anand first made it into the top 10 in world rankings in

July 1991, when Carlsen’s first birthday was still four

months away. This battle of generations involves play-

ers of conflicting styles. They have perfected the art

using the best tools of their era. What Anand learnt

from his deep study and understanding of chess clas-

sics, Carlsen gained using software. Going by present

form, Carlsen is tipped to win. His rating of 2870 is 95

points higher than Anand, who is currently ranked

eighth in the world. The young challenger has won six

of his last nine tournaments and in the others, stayed

half a point behind the winner. Anand triumphed once

this year to end a title-drought that began in 2008. But

remarkably, during this period, Anand retained the

world title all three times. In the event, Anand’s experi-

ence and success in match-play is being seen as his

biggest asset. In Chennai, more than Anand taking

advantage of home conditions, it will be interesting to

see how Carlsen, a citizen of one of the coldest and least

populated nations, deals with the situation.

Anand has to make things happen instead of playing

the waiting game against Carlsen. The Norwegian is not

known to accept quick draws. He capitalises on his

energy to tire out his rivals. He excels in drab and

listless positions where most players find it difficult to

concentrate for long. Expecting long battles, Anand is

learnt to have worked a lot on his fitness and shed a few

kilograms as part of his preparation. Head-to-head,

Anand has six victories to three by Carlsen who is,

however, the winner of their last two decisive encoun-

ters. In fact, in their last game this summer, Carlsen

handed out Anand his worst defeat. No wonder, the

chess world expects a change of guard in Chennai. But

knowing Anand’s tenacity and motivation, it will be

naïve to rule out his chances. As former champion

Garry Kasparov, who trained the young Norwegian in

2009, said, “Vishy [Anand] will be quite happy that he is

the underdog. He’s got huge experience. In opening

preparation, Anand is an expert whereas Magnus

should be more precise. Magnus will have to learn to

deal with psychological pressure.” Anand needs no

reminding how important this match is.

A battle of generations

Height about 5’ 5’’; exceptionallythin; noticeably fair; age about 33years; has practically no hair onhis face though he does not shave;

long sharp face with prominent nose. This isthe “official” description of Maulana AbulKalam Azad, the golden boy of the Independ-ence struggle. With his confidence, charmand sincerity, Azad impressed people of hisage group with his sharp and swift mind.Later in years, he especially cultivated a lookof venerable age to give a suitable back-ground to his learning. His genius and meth-od were too individual to found a school, buthis writings and lectures exerted a profoundinfluence owing to the breadth of view andpatient learning. Rajaji described him as‘The Great Akbar of Today’.

Unease with conformity

The study of Azad’s early life is, however,hampered by a deficiency of data. But thereis ample evidence to indicate his discomfortwith the traditional order of things. This wasenough to rouse his scorn. So is his uneasewith taqlid or conformity. Is Islamic doc-trine so rigid and dogmatic that it leaves noroom for intellectual creativity? With thisbent of mind, he broke off the shackles offossilised theology, and critiqued all thoseelements in theology that inhibited the pro-gress of empirical science and the unlimitedprocess of their utilisation. His views on thespread of a materialistic way of life and thestagnation and retardation of religious lifebecame well-known, but this phase in his life— when he “saw in religion only ignorance”— proved to be momentary. Once he re-gained his faith, he worked out a synthesisbetween the reformist and orthodox philos-ophies. He did not go too far in this journey,but went far enough to disturb the statusquo.

The awakening at Aligarh’s M.A.O. Collegefostered ideas on reforms, interpretation,and innovation among the Muslim intelli-gentsia. Syed Ahmad Khan moulded youngAzad’s thinking. He did his very best to readhis writings and admired them. He also ad-mired Shibli Nomani, founder of the Nadwatal-ulama in Lucknow. And when the Nadwaalim turned pan-Islamist after the European

intervention in the Balkan States, Azad toostressed that the bonding with the Turks wasunique insofar as they were a part of theIslamic community as well as its last politi-cal centre.

One has only to cast a glance at some ofAzad’s early writings to realise that he en-tered the valley of doubts and uncertaintiesto demolish the suppositions that had guidedtheologians. He opposed the ‘scripturalists’or the ‘literalists,’ because they advocatedrigid adherence to the fundamentals of Is-lam, as literally interpreted from the Koranand the Sunna. His interest in the externalsof religion, too, diminished. At the sametime, he was consistent in his authentic in-ward piety. Just as he was ready to compre-hend the whole Koran within the verses ofthe first Surah, so he conceived and pursuedthe politics of Islam within the Koran’s di-mension of piety.

The Muslim communities were divided bygeographical situation, by differences of dia-lect and custom and, in some cases, by thedeeper chasm of sectarianism, but pan-Isla-mism inflamed their passions, a feeling that,although they had been ground down underthe wheels of history, they thought of them-selves as a mighty society spread worldwide.Azad, for one, was attached to the commoninheritance of Islamic culture and exploredthe treasures of thought and emotion whichbelonged to the umma. He proceeded nat-urally from the conviction that education,liberalism and faith in progress were requi-sites for Muslim empowerment.

Setting a great example of moral lead-ership during World War I, Azad became thesoul of the Congress party. He opposed Par-tition heart and soul, while a great body ofhis compatriots clamoured for a Muslim na-tion. He could not conceal the contempt thathe felt for them, and at no stage in his public

career did he stoop to compromise. Thespectacle of Indians working out a new wayof life and boldly defying the accumulatedprejudices and animus of the past was onewhich aroused his interest and curiosity.Without looking around to find a mirror thatmight reflect radical faces, he identified plu-ralism to be the weapon of the strong and theweak against the British. He preferred theconviction of Dara Shikoh, the eldest Mughalprince and a victim of Aurangzeb’s conspir-acy, that in the search for the ultimate Truth,mosques as well as temples validly mediatethe one candle’s light.

Harmonious and creative Islam

Azad’s greatest gift was to postulate anequation between Islam and Indian nation-alism on the one hand, and between Islamand the universal principles, on the other.He did so to enlarge our conception of whatis possible, enrich our intellectual imagina-tion, and diminish dogmatism which closesthe mind to ijtehad. With his belief in anintegrated, harmonious and creative Islam,he adumbrated the outlook of a religioushumanist, very much in the line of the hu-manism embodied in the classical PersianSufi poetical tradition. He envisaged an Is-lam not of sectarian belligerence but of con-fident partnership in a cultural and spiritualdiversity where a strident divisivenesswould be its betrayal.

Maulana Abul Kalam Azad, Minister ofEducation in free India and sponsor of an‘official’ history of the 1857 Rebellion, re-ferred to the two communities standing‘shoulder to shoulder’ to liberate themselvesfrom the British yoke. Why did Azad andothers think that it was worth their while tomake this point? Probably, to record theregret that “the British swept away and root-ed out the late Mughals’ pluralistic and phil-

osophically composite nationalism,” and tobemoan that they ensured that common ac-tion by Hindus and Muslims would in futurenot be accomplished easily.

Shakespeare’s view of life in one of hisplays is that, “round the lonely great ones ofthis earth there is inevitably a conspiracy ofenvy and hatred, hatched by the base andcommon sort.” On December 30, 1941, thegates of Naini prison outside Allahabadopened for Azad; on August 9, 1942, the newgate of the old Ahmednagar Fort prisonclosed behind him.

Earlier, its mention would invariablybring to his mind several forgotten foot-prints of time and presented, page after page,six centuries of history. And yet, “in thisworld of thousand caprices and moods, somany doors are opened to be closed and somany are closed to be later thrown open.”Hence, between July 15 and August 5, 1942,he went around the country for consultationwith the Congress leaders.

Azad spent a total of 10 years in jail.Thrown into a new world whose geographydid not extend beyond a hundred yards andwhere the population was no more than 15faces, he was overwhelmed by the morningsunlight and the evening darkness. Like An-tonio Gramsci, Azad conceived of writingsomething that might absorb him and give afocus to his inner life. For this, he read agreat deal. He drew the guidance and moti-vation from the reading of Scriptures. It isimportant to realise — and important partic-ularly for the full knowledge and compre-hension of times past — that internmentkindled Azad’s Islam into warmth and fer-vour. Like Aurobindo Ghose who found Godas a result of the wrath of the government, hefelt comforted and serene. And like the fu-ture sage of Pondicherry, he found it impos-sible to explain the love of motherland orsacrifice to the thick-skinned Britons inIndia.

Independence came with Nehru’s ‘trystwith destiny’ speech, but Partition plungedAzad’s spirits into depression. “There is nomore certain test of statesmanship,” wroteH.A.L. Fisher in his History of Europe, “thanthe capacity to resist the political intoxica-tion of victory.” Though hurt and woundedby a colossal tragedy, the otherwise dis-traught Azad carried his tribulations with astoical dignity and pursued his active rolethrough stresses of inner disquiet. Ultimate-ly, he suffered for the sake of truth. He hadnoted in one of his many elegant passagesthat, “the flowering trees whose offspringonce represented beauty and grace were nowlying in a heap in a corner, like burnt outbushes and trampled up grass.” The storywhich opened with the bright colours of theAl-Hilal and Al-Balagh closed in deepshadow.

Like the Urdu poet, Mir Taqi Mir, Azadcould only voice affirmation of the historicalprocess or protest against the iniquities oftime and the suffering it caused to the sensi-tive mind and soul. He had indeed no smalltalk, and no time for it, or for little humanfoibles, but in his famous speech after inde-pendence at the Red Fort in Delhi, he lam-basted those Muslims who threw themselvesmore and more deeply into the communalvortex. At the same time it must be said to hiscredit that, in the turmoil raging around theMuslim communities, Azad secured themthe comfort of peace and security. Lessermen found conflict in the rich variety of life,but Azad was big enough not only to see theessential unity behind all that diversity butalso to realise that only in this unity canthere be hope for India as a whole and forthose great and varied currents of nationallife.

(Mushirul Hasan is a historian of modernIndia. He has edited a book Azad’s Legacies:Islam Pluralism and Nationhood(forthcoming))

‘The Great Akbar’ of Independence struggleMushirul Hasan Azad’s greatest gift was to postulate

an equation between Islam and Indian nationalism on the one hand, and between Islam and the universalprinciples, on the other

Making it to CHOGMOpposition to an Indian presence atthe forthcoming CHOGM summitin Sri Lanka from within theCongress-led UPA government(Nov. 7) — by two senior Unionministers and two Ministers ofState — only goes to show that all isnot well within the rulingestablishment. It is clearly a case ofparochialism and vote-bankpolitics. While it is necessary tobring about a change in India’sforeign policy, as Prime MinisterManmohan Singh has rightlypointed out, the Congress’s vote-bank politics seems to be backfiringon itself.

Vuppu Raghavendara Rao,Hyderabad

I believe that India should stayaway. I am not saying this because Iam a Tamilian but because Indiahas a long history of standing up forhuman rights. Even recently whenthe U.S. decided to bomb Syria,India was one of the few countriesto oppose such a move. The waragainst the LTTE was nothing shortof genocide though that countrymay deny it and India mayshamelessly support it. Let us notbe carried away by theopportunistic views of TamilNadu’s politicians. Instead, let it beviewed in a humanitarian way. Thefilm clip released by Channel 4recently that depicts the brutalkilling of a woman only exposes SriLanka’s attempts at cover-up. Be itSyria, Palestine or Somalia, wemust acknowledge the sufferings ofthe common people. The sameyardstick applies to the Tamils ofSri Lanka. Staying away from themeet will not isolate India.

T. Anand Raj,Chennai

The hue and cry being raised overIndia’s attendance is bothunnecessary and unwanted. Let usremember that no country in theworld wants to be divided.Therefore, Sri Lanka is fullyjustified in making any move toensure its territorial integrity. Weshould also remember thatTamilians have migrated to otherparts of the world and obey the lawof the land there.

S.P. Sharma,Mumbai

Dr. Singh’s absence will not only bea blow to bilateral relations withthe island nation but will alsoweaken an Indian hold over thestrategically important IndianOcean Rim region. Afterexperiencing the after-effects ofsoured ties with Bangladesh, Nepal,Pakistan and the Maldives, Indiacan ill-afford another round, thistime with Sri Lanka.

Instead, India needs to step up itsinvolvement in Sri Lanka to ensurethe rehabilitation of Tamils. This isa golden opportunity we must notlose.

Sumit Sharma,Ludhiana

Dr. Singh must go to Colombo.Political parties in Tamil Naduincluding leaders in the Congressare only looking at the issueemotionally. India cannot afford toinvite trouble by isolating Sri Lankafor waging a war against a terroristorganisation that was proscribed inseveral countries. The LTTE, too,has indulged in alleged rightsviolations.

The Congress and thegovernment must not prolong thedecision on going there.

A. Subbalakshmi,Bangalore

On ModiThe avalanche of letters (Nov. 7)that appeared in support of andagainst the views expressed in thearticle “Narendra Modi and why2002 cannot go away” by N. Ram(Nov. 6) reinforces the extremelypolarising nature of Mr. Modi.Whether such a leader will be ableto hold together a country of hugesize and immense diversities isextremely doubtful. Going throughthe responses, one is flabbergastedto note that those defending Mr.Modi do so by repeating the samespecious arguments that Mr. Ramhimself has listed and sequentiallydemolished in the most eruditearticle on the subject in recenttimes.

Shahabuddin Nadeem,Bangalore

The article is an excellent analysisof contemporary politics. Thenation is in dire need of analternative to the Congress-ledUPA. But it is in a dilemma overchoosing a new leader. Many votersare neither prepared to accept Mr.Modi as a known devil nor rejecthim as an unknown angel. But thearticle is a timely reminder whichreflects the nation’s conscience.

M. Xavier,Vallioor

I agree that the sangh parivar’sright-wing agenda is far tooobvious. I agree the pogrom and itsrepercussions were horrible.Agreed, those smitten by Mr. Modi,especially the youth, need to knowabout his alleged role in the riots.But don’t they also need to knowthat there have been no riots inGujarat in the last decade?

Sidharth K. Varma,Pandalam

Many voters are unlikely to supportthe BJP. But his “unenviableinternational status” will not in theleast deter them from endorsinghim. If Mr. Modi does become thePrime Minister, the self-righteousWest will continue to do businesswith him as usual, as India is astrong country, warts and all.

I.S. Kanthimathinathan,Tirunelveli

For safe foodThe concern for the safety of foodsecurity (Op-Ed, Nov. 7) is to beappreciated insofar as the quality oflife is concerned in the developingworld. Of all our basic needs, foodtakes precedence over clothing andshelter. In a country like India witha billion plus population and theability to “buy” quality, food safetymay never be a priority for ourpoliticians. At the same time, thefood security Bill must address allour needs.

K.M. Lakshmana Rao,Visakhapatnam

Contamination and adulterationare never in check despiteinspection. Right from packagedwater to foodgrain in mega stores,junk food sold at street corners toburgers in international restaurantchains, quality is never a given.Reports of food poisoning appearperiodically in the media.

One hopes that the governmenttakes the suggestions made by thewriter seriously.

C.R. Ananthanarayanan,Bangalore

While the discussion about foodsecurity has been endless, it issurprising that no thought wasspared for the all-important issueof ensuring the quality of grains andthe much serious dangers of

adulteration and contamination.Food safety is as much important asfood security in a country like ourswhere adulteration andcontamination of food products arean ever flourishing business.Policy-makers need to do a lot inenforcing the law oncontamination of food items. Afoolproof mechanism to preventthe adulteration of food items anddeliver swift punishment will go along way in ensuring our health andsafety.

The one discordant note, asJustice Iyer says, is the spirallingprices of other commodities aboutwhich the government has doneprecious little.

J. Anantha Padmanabhan,Srirangam

Although there has been occasionaltesting of food items by thegovernment, there is no systematicanalysis of essential food items.While ready-to-eat food items likepickles and jams have to bear theF.P.O. certification, grams, cerealsand edible oils escape suchscrutiny.

It is time the Centralgovernment took appropriate stepsto supply healthy food.

K. Sivasubramanian,Chennai

It is important that we becomeaware of the consequences of eatingadulterated food. There must beseminars on the subject while thejudicial system must offer hope tothe common man on the issue. It isonly when there is publicparticipation on a large scale toaddress the issue that India canhope to become a country thatsupplies safe and healthy food.

K. Usha Rani,Vijayawada

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

The murder of Nigerian national Obodo Uzoma

Simon at Parra village in north Goa, and the

unusual street protest by the small communi-

ty from the African nation that followed, have

brought under focus the seamier side of the tourist

paradise. While the crime itself may have been the

fallout of what the police believe is a turf war between

local and international gangs in the narcotics trade, the

knee-jerk reaction of the authorities in beginning an

eviction drive against Nigerians was unwise. By the

time Goa Chief Minister Manohar Parrikar came out

with an explanation that the drive was against all for-

eign nationals staying on without valid documents and

was not limited to Nigerians, wrong signals had gone

out. The African country intervened diplomatically to

seek a reassurance that its nationals are not unfairly

treated and demand that the culprits involved in the

murder be apprehended. It issued a note verbale to

India, and the Indian emissary in Abuja had to explain

the situation to the Nigerian foreign office. India im-

ports oil in considerable quantity from Nigeria, which

is one of its major trading partners. There is a sizeable

Indian community in Nigeria. It would make little

sense to resort to actions against Nigerians that may

invite retaliation there. Nigerian diplomats did men-

tion the possibility of retaliatory action.

The Goa police have made some progress in the

investigation, arresting one Goan suspect and identify-

ing a few more. It appears that there is considerable

local resentment against the activities of some foreign

nationals, especially after the police struggled to con-

trol the protest by the Nigerian community, but this

should not be an excuse to crack down on foreign

nationals indiscriminately. Prejudices and perceptions

often come together to put communities to disadvan-

tage, especially in the backdrop of unsavoury incidents.

Goa’s reputation as a haven for the fun-loving tourist is

matched only by the popular perception that gangs

belonging to various nationalities operate there with

impunity. Crime statistics, however, do not bear out

the theory: there is no unusual spike in recent years in

the number of foreign nationals arrested for such of-

fences. And it is now no secret — after a committee of

the Goa Assembly highlighted last month the nexus

between the authorities and drug dealers — that the

trade is more than a mere shadowy activity catering to

addicts. While dealing with such cartels, the State gov-

ernment should focus on any criminal activity, rather

than the nationalities of those involved. At any cost, it

should not allow the perception to gain ground that a

crackdown on organised crime has racial overtones.

Trouble in tourist paradise

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SATURDAY, NOVEMBER 9, 2013

12 THE HINDU SATURDAY, NOVEMBER 9, 2013

CHENNAI

EDITORIAL

It is not often that the main opposition party is

forced on the defensive in an election. In Chhat-

tisgarh, voter fatigue and the anti-incumbency

sentiment seem to be a bigger drag on the Con-

gress, which heads the United Progressive Alliance

government at the Centre, than on the ruling Bharatiya

Janata Party. With the Lok Sabha election only a few

months away, the Congress is finding it difficult to keep

the focus on issues relevant to the State Assembly

election during the campaign. The BJP is seeking a

third term in Chhattisgarh, but it is the Congress that is

on the back foot fending off attacks on the Manmohan

Singh government’s governance record at the Centre.

Narendra Modi, the prime ministerial candidate of the

BJP, divides his campaign time between attacking the

failures of the Congress at the Centre and praising the

achievements of the Raman Singh government in the

last ten years. As the campaign hots up in Chhattisgarh,

Mr. Modi, who sees Congress vice president Rahul

Gandhi as his principal rival, is setting the campaign

agenda in the tribal-dominated State. Issues relating to

land acquisition, jobs and development remain central

to Chhattisgarh, but these seem to have been crowded

out by the bigger picture of the Lok Sabha election.

Chhattisgarh is one of the States most affected by

Maoist violence, but Mr. Modi would rather harp on

the bomb blasts at the venue of his rally in Patna than

on the failure of Chief Minister Raman Singh to contain

the threat from Naxalites. Although leaders of the Con-

gress were the victims of a brutal attack by Maoist

elements in Darbha, the party seems unable to politi-

cally capitalise on the failures of the BJP government

on the law and order front. If the Congress is to recover

lost ground in the battle for Chhattisgarh, the party’s

leaders need to re-focus on the development agenda,

addressing the livelihood concerns of the people. Al-

though Raman Singh initiated a hugely successful food

security programme involving distribution of heavily

subsidised rice to poor households, under his chief

ministership employment opportunities have been

lacking for the State’s youth. Government jobs, espe-

cially in schools, remain the only escape route for the

people in the tribal areas, but recruitment in these

areas does not match the available unemployed and

underemployed workforce. The Congress needs to tap

into this underlying resentment if it is to unseat the

BJP in Chhattisgarh. Opinion polls show the BJP

ahead, but this is a close fight, and the Congress might

still be able to turn things around with a more aggres-

sive campaign studded with promises of jobs and

development.

The fight for Chhattisgarh

It began, if a story like this can be said tohave a beginning, in the summer of1985, as a great tide of hate washedover the decaying industrial city of

Bhiwandi. They had gathered hoping to de-fend their community from riots: the small-time gangster, Muhammad Azam Ghauri,the ultra-pious Abdul Karim, the skilled doc-tor Jalees Ansari. The men would parade upand down the grounds of the Young Men’sChristian Association in Mumbai’s Momin-pura, carrying lathis, doing drills borrowedfrom the Rashtriya Swayamsevak Sangh’sshakhas.

No one paid the least attention — until themen’s names began appearing in accounts ofthe bombing of dozens of trains on Decem-ber 6, 1993, the first anniversary of the BabriMasjid demolition.

Unvarnished truth

Congress leader Rahul Gandhi submitteda response to the Election Commission onFriday, in reply to complaints that he vio-lated the law by saying Pakistan’s Inter-Ser-vices Intelligence Directorate was trying torecruit Muzaffarnagar riot victims. Mr.Gandhi was sharply criticised for fanninganti-Muslim sentiment — ironically enough,by both the Hindu and Islamic religiousright. He has been attacked for divulgingclassified information, and asked why theUnion government isn’t acting against po-tential terror recruits. The story which be-gan in Mominpora all those years ago thoughtells us this: while Mr. Gandhi might beguilty of all of these things, the story he istelling is the unvarnished truth.

From the plain words of the Indian Muja-hideen, we know why its recruits are killing.In the minutes before bombs went off atcourtrooms in Uttar Pradesh on November27, 2007, the organisation released a digitalmanifesto saying it was seeking to avenge the“wounds given by the idol worshippers to theIndian Muslims.” “They demolished our Ba-bri Masjid,” it argued, “and killed our broth-ers, children and raped our sisters.” “If youwant to be a successful person in India,” the

manifesto concluded, “then you should be(an) idol worshipper and kill Muslims.”

It would be plain wrong to cast the IndianMujahideen as a gang of aggrieved riot vic-tims, seeking Hindi-film vengeance. It wouldbe just as wrong though to pretend anti-Muslim violence did not shape its members’world view: in interrogation after interroga-tion, members have described their violenceas vengeance-seeking.

The Indian Mujahideen’s manifesto, in-vestigators say, was authored by Karnataka-born, Karachi-based Iqbal Shahbandri — aman we’ve come to know well by the aliasIqbal Bhatkal. Iqbal and his brother RiyazShahbandri came from a social class notknown for resentments against the statusquo. The Shahbandri brothers’ father, Is-mail, had left the Mangalore-region town,Bhatkal, for Mumbai in the 1970s. He set up asuccessful leather-tanning works in thecity’s Kurla area, buying an apartment onTulsi Pipe Road.

Riyaz Shahbandri studied at upscale En-glish-medium schools, and later picked up acivil engineering degree from Mumbai’s Sa-boo Siddiqui College. For his part, Iqbalstudied Unani medicine, though his maininterest was preaching and proselytising.

In 2001, the brothers were introduced tothe now-proscribed Students Islamic Move-ment of India, or SIMI, through a relative.Founded in the wake of the Emergency, SI-MI’s language and practice had become in-creasingly vitriolic after the Babri Masjidwas demolished. In 1996, it put up posterscalling on god to send an avatar of the 11thcentury warlord Mahmud Ghaznavi toavenge the destruction of the mosque.

Yoginder Sikand, the author of author-

itative scholarly work on SIMI, suggests itspolemic may have given “its supporters asense of power and agency which they weredenied in their actual lives.”

Crystallised rage

The reasons are not hard to understand:the Babri Masjid demolition, followed bymurderous riots in many parts of the coun-try, had crystallised the rage of many youngMuslims against a political system whichhad failed them. For the Bhatkal brothers,the 1993 riots were lived experience.

From jailed Mumbai resident Sadiq IsrarSheikh’s testimony to police, we know someon SIMI’s radical fringes were craving fordirect action. Born in 1978 to working classparents from the north Indian town ofAzamgarh, Sheikh had grown up in Mum-bai’s Cheetah Camp housing project. In1996, he began attending SIMI gatherings —polite tea-and-biscuits affairs that he wouldeventually storm out of, frustrated by end-less discussion.

Late in 2001, he ran into a distant relative,Salim Islahi, the son of a Jamaat-e-Islami-linked cleric who was himself expelled fromthe organisation for his extremism. Islahi,later controversially killed by police, alleg-edly arranged for Sheikh to travel to Pakis-tan for training in September 2001.

His story wasn’t uncommon: other SIMIfriends like computer engineer Abdul Sub-han Qureshi made the journey to the Lash-kar-e-Taiba’s camps at about the same time.

From 2002, when this core leadership re-turned to India, it found fertile ground: Guj-arat persuaded younger recruits that India’sclaims to secularism and democracy were asham. SIMI’s wellsprings gave birth to small

jihadist cells across India. Peedical AbdulShibly and Yahya Kamakutty, highly suc-cessful computer professionals, are allegedto have prepared to carry out attacks in Ban-galore. Feroze Ghaswala, another alleged In-dian Mujahideen recruit, told police hevolunteered for joining jihad training afterwitnessing the mass burial of 40 Gujarat riotvictims. Kerala men trained in the moun-tains of Jammu and Kashmir with the Lash-kar-e-Taiba. Zabiuddin Ansari, fromMaharashtra’s Aurangabad, famously endedup in the 26/11 control room.

From the investigations of the Patna andBodh Gaya bombings, we know the recruit-ment continues, often carried out by oldSIMI cadre, drawing on an anger which ev-ery new communal confrontation fuels.“You have provoked the Mujahideen to mas-sacre you and your five-and-a-half croremultitude of pathetic infidels,” read the bit-ter Indian Mujahideen manifesto releasedafter the 2008 serial bombings in New Delhi,“who tortured us in the post-Godhra riotsasking ‘where is your Allah’?”

“Here He Is”

‘Purely Indian’

It is interesting that the Indian Mujahi-deen never dropped its national identifica-tion from the name. In the 2007 manifesto, itsaid this: “We are not any foreign mujahi-deen nor we have any attachment withneighbouring countries. We are purely Indi-an.” In a later manifesto, the group calleditself “the home-grown jihadi militia of Is-lam.” Recently arrested Indian Mujahideenoperative Ahmed Siddibapa, also known asYasin Bhatkal, is reported to have told theNational Investigations Agency that he re-fused to train in Pakistan for these reasons.

The India of an Indian jihad shouldn’tsurprise us. From the work of chroniclerZain al-Din Maabari, we know self-describedjihadis waged war against Portugese colonialforces more than 200 years ago.

The eminent historian, Ayesha Jalal, hasshown the notion of jihad was an importantideological theme through the 18th and 19thcenturies.

Following the 2008 bombings in Delhi,the Indian Mujahideen actually invoked thisheritage: “We have carried out this attack inthe memory of two most eminent Mujahidsof India: Sayyed Ahmed Shaheed and ShahIsmail Shaheed, who had raised the gloriousbanner of Jihad against the disbelievers inthis very city of Delhi.”

Like all other modern ideologies, Isla-mism offers believers a road map for action.It has been a fringe tendency, drawing farfewer supporters among Indian Muslimsthan the Congress, the Left and perhaps eventhe BJP — but its durability points to deeptears in our social fabric.

Investigations of the Patna and Bodh Gayablasts have shown the obvious: even as policeand intelligence services have registered im-portant successes in the battle against jiha-dist terrorism, the fractures in our societyhave enabled recruits to be drawn from anew generation. Pakistan’s intelligence ser-vices and their jihadist proxies will exploitthe dysfunctions in our polity, until India’spolitical life addresses them.

For years now, it has suited a wide spec-trum of Indian political opinion to simplydeny this problem exists. The forces behindthe silence are remarkably wide — amongthem, Hindu nationalists, unwilling to ac-knowledge their role in giving birth to jiha-dist terror; opportunists trying to cash in onMuslim fears; ideologues sympathetic toIslamists.

Mr. Gandhi's intervention, inchoate andfumbling, won’t solve the problem. It does,though, open the door to the truth-tellingthat is a precondition for healing. For that,India ought to be grateful.

Rahul Gandhi is right on Indian jihadistsPraveen Swami The story of the Indian Mujahideen tells

us that communal violence and jihadistterrorism are intimately enmeshed. RahulGandhi deserves credit for addressinginconvenient truths, however clumsily

Going to CHOGMThis refers to the reports“Suspense still on PM’s visit toColombo” and “Manmohan, Soniato take a call” (Nov. 8). As long asSri Lanka continues to maintainaggressive steps over its Tamilminority citizens and doesn’t takemeaningful action against thosewho committed unspeakableatrocities against the Tamils, itwould not be right for PrimeMinister Manmohan Singh toattend the CHOGM in Sri Lanka.The opposition to his going toColombo within India cannot bebrushed aside.

It is amusing to see the BJP,which loses no opportunity todemand the severing of allrelations with Pakistan wheneverthere is any act of terrorism or aborder incident, now wanting Dr.Singh to attend the meet. Why thisdouble standard?

Baikadi Suryanarayana Rao,Bangalore

India’s foreign policy has neverbeen framed by us. Rather, it hasalways been in reaction to themoves and actions of Pakistan andChina. India is acknowledged as anemerging superpower. I wonderhow a country that never seems todisplay a spine can ever become asuperpower. A nation that dancesto the tunes of tiny nations aroundit is only making a mockery of itsown status.

If Dr. Singh can boldlyreprimand Sri Lanka for humanrights violations he can attendCHOGM. Otherwise, history willremember him as the one who letdown his own people for the sake ofpleasing a neighbour.

N. Ramkumar,Chidambaram

Indian participation in CHOGM

has become a debatable issue. Thebest option for India would be forDr. Singh not to go and instead let asenior Minister attend it.

The second option would be forDr. Singh to travel there and openlyassert India’s concerns, whileimpressing upon Sri Lanka theneed to implement the 13thAmendment, as suggested by theBJP. India must also take the cuefrom Nobel Peace LaureateArchbishop Desmond Tutu’s linethat the CHOGM could be anopportunity for countries toconvince Sri Lanka to adopt thepath of reconciliation.

Madan Menon Thottasseri,Chennai

This refers to letter writer Mr. S.P.Sharma (Nov. 8) who has said, “Weshould also remember thatTamilians have migrated to otherparts of the world and obey the lawof the land there.” This reflects awidely prevalent misconceptionabout the Sri Lankan Tamils andtheir problems. The Sri LankanTamils (Eelam Tamils) are nativesof Sri Lanka whose history datesback to Third Century BCE,constituting about 12.7 per cent(1987 figure) of the island’spopulation.

They should not be confusedwith the much smaller group ofdescendants of the migrant IndianTamils who were brought asbonded labour by the British in the19th century to work in the teaestates, and other Indians whocame there subsequently in searchof a livelihood.

The Sri Lankan Tamils are asection of native citizens, being alinguistic, cultural and religious(Hindu) minority, who have beendiscriminated against and deniedtheir due rights by the Sinhalese,mostly Buddhist, majority of SriLanka. The LTTE was fighting for

the right cause using the wrongmeans.

A.N. Lakshmanan,Bangalore

India went to Sri Lanka assumingthe pious role of a mediator in itsinternal conflict, and unwisely gotitself entangled in its civil war. Atone stage, the Indian PeaceKeeping Force virtually became athird warring group in the conflict.At the end of the day, it seems thatIndia has lost heavily: militarily,diplomatically and politically.Today, India’s status in thescenario is unenviable and it hasbeen pushed into a situation ofextreme dilemma both internallyand externally. The fact of thematter is that Sri Lankandiplomacy stands superior to oursand, as usual, India has emergedmiserably snubbed. In this context,Dr. Singh’s call for a rethink onIndian foreign policy gainssignificance.

R.K. Jacob,Palayamkottai

On ModiThe most infamous incident, 2002and Gujarat, will of course beetched in history irrespective ofthe magnitude that befell those in1984. But what is intriguing is thebarrage of negative debates is stillon. The very fact that NarendraModi’s three successive wins at thehustings is enough to prove themandate of the people — a resultthat may surprise manysecularists.

N. Visveswaran,Chennai

A majority of the people are fed upwith the ruling Congress party as ithas turned a blind eye to rampantcorruption and price rise. But itwould be a mistake for the BJP towant to cash on this widespread

frustration by projecting Mr. Modias the answer to all our problems.The principal national parties aretwo sides of the same coin. The factis that for want of a better politicalalternative, people are compelledto fill the political vacuum byaccepting the BJP.

Separately, why is there no Modiwave in Delhi? It is because Delhihas a better and much cleaner thirdalternative.

Radha Krishna Kumar,New Delhi

The analysis of the Modiphenomenon (editorial page, Nov.6), shows that the political daysahead will be turbulent. This isneither honest politics nor truedemocracy. The speeches of almostall our tall leaders are increasinglygetting laced with demagogueryand cheap chicanery. There arevociferous national debates on theseasonal rise in the price ofcommodities, the fall in the rupee’svalue and reactions to daily events.A battle between the governmentand the Opposition has taken awaythe space and time of the legislativehouses, holding up all theirlegislative responsibilities.

M.A.M. Khan,Hyderabad

The ‘Great Akbar’

It is unfortunate that neither thegovernment nor the Muslimintelligentsia has cared to projectMaulana Abul Kalam Azad as a rolemodel for India’s Muslim youth(editorial page, Nov.8). “The GreatAkbar” showed that there is noinevitable conflict betweennationalism and religiosity. Azad isa shining example of a syncreticversion of a political Islam whichnegotiated the world on its termsand proved that Islam canaccommodate multiculturalism.

Political parties like the Congressare only interested in sapping theself-confidence of the Muslimcommunity by trapping it in aperpetual state of fear andvictimhood. Indian politicalhistory needs to be resurrectedfrom the graveyard of narrowagendas. It is time that the life andteachings of leaders like Azad wereretold to the world.

V.N. Mukundarajan,Thiruvananthapuram

Squares and movesThe media can play a vital role inpopularising the game of chess atleast now during the WorldChampionship being conducted inIndia. This game has unfortunatelynot been made popular like cricket;this despite India having produceda world champion. If children playchess, it will definitely stimulatetheir grey cells. Chess is a game ofknowledge with entertainment.

V.S. Ganeshan,Bangalore

This refers to the editorial “A battleof generations” (Nov. 8). Chess is agame of the mind; age and physicalability are only secondary. WhileViswanathan Anand hasexperience and the younger rivalMagnus Carlsen is proving his skill,both are equals. There are sure tobe many surprises too.

C.R. Ananthanarayanan,Bangalore

The excitement is palpableeverywhere. Here, in India, are twoof the world’s best players. Billionsof eyes will be riveted on thechessboard where the two masterswill match skills. In chess you needbrain and not brawn, a fact thatmakes chess “the game of kings”and “the king of games.”

G. David Milton,Maruthancode

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

The destruction of Syria’s chemical weapons

production and mixing equipment may have

been completed ahead of schedule but its

problems remain far from resolved. The U.S.-

Russia deal struck in Geneva earlier this year — paving

the way for international inspection of Syria’s toxic

munitions — has delivered its first tangible result. The

Organization for the Prohibition of Chemical Weapons

has kept alive the spirit of the Geneva communiqué,

and with it the chances of international mediation.

However, the principal actors in Syria’s conflict seem

to remain unconvinced of the need for dialogue. In

extending his cooperation to the OPCW – which has

until June 2014 to oversee the elimination of Syria’s

chemical stockpile – President Bashar al-Assad has

signalled his indispensability to a diplomatic settle-

ment. Mr. Assad has underlined that not only is he in

control but he is also willing to make tactical conces-

sions. The odds are now stacked heavily against the

Syrian rebels. After the United States shelved its plan

to intervene militarily, opposition groups have had to

reconcile themselves to the option of sharing power

with Damascus. That al-Qaeda and other terror outfits

have infiltrated the rebels’ ranks has also substantially

diminished the support they initially received from the

West. Not surprisingly, many of the rebel factions have

expressed their reluctance to participate in the “Gene-

va 2” diplomatic conference scheduled for later this

year. Mr. Assad, on the other hand, has made the Syrian

government’s participation contingent on his being

allowed to complete a full term in office.

Meanwhile, the humanitarian crisis in Syria contin-

ues unabated. Refugee influx into neighbouring coun-

tries like Lebanon and Turkey has reached massive

proportions. The World Health Organisation recently

confirmed an outbreak of polio in the country with aid

groups finding it difficult to deliver food and medicines

in war-affected districts. A ceasefire between the gov-

ernment and the rebels has simply not materialised.

The Syrian conflict continues to be manipulated by

regional actors. Amidst opposition to Iran’s participa-

tion in the conference, U.N. and Arab League Envoy for

Syria Lakdhar Brahimi has rightly suggested that Teh-

ran’s presence is “natural and necessary.” It seems

probable Syria will soon be free from the scourge of

Weapons of Mass Destruction. But the OPCW’s com-

mendable work is only a means to an end – if within the

next few months, the international community is not

able to bring the country’s warring parties before the

negotiating table, the chances of a political solution will

diminish considerably. This can only happen if ex-

ternal actors stop aiding the militarisation of this

conflict.

Assad’s gambit

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MONDAY, NOVEMBER 11, 2013

8 THE HINDU MONDAY, NOVEMBER 11, 2013

BANGALORE

EDITORIAL

Once again, foreign policy objectives have

been sacrificed at the altar of political expe-

diency. After Pakistan and Bangladesh, the

surrender by Prime Minister Manmohan

Singh and the Congress to political opposition and a

narrow regional view on Sri Lanka is not surprising, but

it is disappointing all the same. For India, the two main

objectives in its dealings with Sri Lanka are to ensure a

just deal for that nation’s Tamil minority, and to pro-

tect its own interests in a region of strategic impor-

tance. The Prime Minister’s decision not to attend the

Commonwealth Heads of Government Meeting came

after weeks of pressure by Tamil Nadu political parties,

including a resolution by the State Assembly. But if the

primary reason for staying away is to express displea-

sure at Sri Lanka’s reluctance to address alleged atroc-

ities against Tamil civilians during the final battles

against the LTTE, it is doubtful if the decision will yield

a different, more positive outcome. More likely is a

further erosion of New Delhi's influence on the Raja-

paksa regime to effect a just settlement of the Tamil

question. It was thanks to India's prodding that Sri

Lanka held elections in September to the Northern

Provincial Council, convincingly won by the Tamil

National Alliance. This significant milestone in ethnic

reconciliation has given Tamil-dominated northern Sri

Lanka a popularly elected administration for the first

time. Unfortunately, instead of projecting this as an

example of constructive diplomacy, the Congress al-

lowed itself to be blackmailed by its present and poten-

tial allies in the State. Political parties in Tamil Nadu

virtually ignored the NPC election, giving rise to the

suspicion that it is not the interests of Tamils across

the Palk Strait that they espouse but their own, as in

this election season it is easier to flog the emotional

overtones of the issue than respond to more pressing

domestic concerns.

A decision by Dr. Singh to go to CHOGM and include

a visit to Jaffna would have been a powerful reaffirma-

tion of New Delhi's stakes and interests in the region.

India must now deal with the consequences of its

decision to stay away, both on the Tamil question and

on its own larger interests. In Sri Lanka, it will affect

the task of reconciliation considerably, including In-

dia’s efforts to ensure the 13th Amendment is not

diluted or done away with entirely. It is to be hoped

that both countries will guard against any adverse

consequences on people-to-people links, and India will

have to manage the huge strategic and diplomatic fal-

lout. It is debatable if Sri Lanka will turn into a Chinese

satellite in the Indian Ocean as is commonly feared, but

clearly, the island will be looking for other allies in the

region and beyond.

Surrender on CHOGM

It is 1994, and less than a year to As-sembly elections in Bihar. The Indianeconomy is on the mend but the bene-fits of liberalisation are yet to reach

semi-urban and rural areas. Standing in theway of government efforts to boost consum-er spending is a little known internationaltreaty called the Montreal Protocol. TheProtocol requires India — which ratified it in1992 — to control and phase out the use ofchlorofluorocarbons and halons, which areconsidered Ozone Depleting Substances(ODS). As a developing country, India hasbeen offered a 10-year window to abide by itscommitments to the Protocol.

‘Refrigerator or tiger?’

Reining in CFCs could possibly dent theconsumer goods market in India: they areused as refrigerants in automobiles, elec-tronic appliances, plastics and pharmaceu-ticals, among other applications. Ofparticular concern is the market for refriger-ators, which has witnessed an unpreceden-ted boom. Having acceded to the Protocol,the government has no option but to hard-sell it to the public. Maneka Gandhi — who asEnvironment Minister negotiated India’sentry into the Protocol — opts for a novelapproach to the issue at an election rally inBihar, in a constituency located near a tigerreserve. Ms. Gandhi — she would recall tothe late political scientist Holly Sims — spinsthe story of “The Lady, or the Tiger” aroundto ask the crowd: “Do you want a refriger-ator, or a tiger?”

Its impact on India’s consumer-drivengrowth notwithstanding, the Montreal Pro-tocol was a much-needed instrument thataddressed ozone depletion. The well-beingof tigers is not directly linked to the decreas-ing volume of ozone in the atmosphere — butby comparing refrigerators to endangeredanimals, Ms. Gandhi simply sought to relatethe importance of the treaty to laypersons.

This year, the Montreal Protocol is back inthe spotlight. The United States and otherdeveloped countries are leading an effort tobring hydrofluorocarbons (HFCs) within theambit of the treaty. India, which has scrupu-

lously adhered to its original commitmentsunder the Protocol, is being arm-twisted in-to agreement. Cutting down on HFCs willdeprive Indian industry of the only viablealternative to CFCs. Despite its potentialimpact on the economy, in an election sea-son, the United Progressive Alliance hasmade no effort to convince the public why itis tagging along with the proposal.

The reasons are fairly clear: India’s nego-tiating position has not been borne out ofsome sense of responsibility to the envi-ronment. It has its genesis in Prime MinisterManmohan Singh’s promise to U.S. Presi-dent Barack Obama — made both at the G20meeting at St. Petersburg and during his visitto the White House in September 2013 —that New Delhi will not object to the West’sinitiative.

The Montreal Protocol was negotiated inthe aftermath of a stunning discovery byBritish scientists of a giant hole in the ozonelayer over Antarctica. This discovery in 1985lent urgency to treaty deliberations. TheProtocol owes its success to a sharply de-fined objective — to stem further ozone de-pletion. To this end, the treaty identifies theclass and category of halons and CFCs thatneed to be regulated.

The West’s current proposal to sweepHFCs under the Montreal Protocol runscontrary to established principles of inter-national law. In fact, it defeats the very pur-pose of the Protocol. HFCs do not harm theozone layer. However, they contribute sub-stantially to greenhouse gas emissions andthus, climate change. Since HFCs gainedcurrency as an alternative to CFCs and otherozone-depleting substances, the West has

argued, they too should be regulated underthe Protocol. A treaty may have unintendedconsequences, but to amend it to tackle themall is neither feasible nor desirable. If it isfound that conventional warfare has been onthe rise on account of the absolute ban onnuclear weapons, should the Nuclear Non-Proliferation Treaty be amended to imposelimits on defence budgets of countries?

Bringing HFCs under the Montreal Proto-col, some have argued, serves the larger goalof tackling climate change. But regulatingthe only commercially viable alternative toODS is likely to encourage non-compliancefrom the Protocol. In any event, history sug-gests the West’s proposal is not solely drivenby noble intentions.

In return for its consent, India has beenpromised financial and technical assistanceto phase out HFCs. The U.S. offered exactlythe same carrot when the Protocol was nego-tiated two decades ago. Although a Multilat-eral Fund was set up to provide support fordeveloping countries, its quantum was sub-ject to much dispute. While India sought $1billion for the Fund, the West offered merely$240 million in the interim period between1991-93, with additional pledges to follow. Asof 2010, $2.7 billion had been pledged. Hereis a figure to put that amount in perspective:the refrigerator market in India alone is val-ued at $1.8 billion.

While negotiating the Protocol, India wassceptical about claims of technology trans-fer, so the Environment Ministry sought tomake it “mandatory.” Alternative technol-ogy was concentrated in the hands of privateplayers in the West, India argued, and thetreaty had to compel them into sharing it

with developing countries. Industrialisednations, as the then chief U.S. negotiatorRichard Benedick recalls in his memoirOzone Diplomacy, saw this demand as “envi-ronmental blackmail.” The “mandatorytransfer” provision failed to materialise afterChina softened its stance. India was project-ed as a holdout to the Protocol, which in-creased pressure on the government to ratifyit.

The result? Companies like DuPont —which influenced the U.S. position on theProtocol — and Daikin made windfall profitsby tapping into emerging markets with theirpatented substitutes to CFCs. Similarly,western companies stand to gain most ifHFCs are to be phased out under the Proto-col. The U.S. holds most of the patents foralternative hydrocarbon and magnetic re-frigerants. These technologies, which havenot seen wide commercial usage in devel-oping countries, could be prohibitivelyexpensive.

Meanwhile, India has once again beencalled out for “stalling” the proposal toamend the Protocol. The Hindu has reportedhow, at the Bangkok conference to reviewthe working of the Protocol recently, theIndian delegation objected to the setting upof a “contact group” on HFCs. The Ministryof Environment and Forests is keen to ad-dress HFCs within the U.N. FrameworkConvention on Climate Change. But settinga target to reduce HFCs under the Frame-work will lead to similar demands for othergreenhouse gases, something the U.S. stead-fastly opposes. HFCs are potent compoundsbut their contribution to climate change iscurrently minuscule compared to that ofCO2 emissions. Tweaking the Montreal Pro-tocol not only frees the U.S. from any com-mitment on other greenhouse gas emissions,but also works to favour its companies.

Phasing down HFCs

The Ministry has been thrown under thebus after the Prime Minister agreed — dur-ing his U.S. visit — to set up an Indo-U.S.Task Force to discuss “phasing down” HFCsunder the Protocol. India’s negotiating posi-tion at climate talks have, regrettably, beenheld hostage to the Prime Minister’s foreignpolicy legacy.

If the Montreal Protocol is amended toinclude HFCs within its scope, India andother developing countries have no optionbut to import expensive and largely untestedtechnology from the West. The governmenthas proposed to allow for compulsory licens-ing to make it accessible to domestic players.Two wrongs, however, do not make a right.For starters, New Delhi will find it difficult tojustify granting compulsory licences — re-garded as an emergency measure — for greentechnology under the TRIPS regime. Second,compulsory licences are only going to servethe interests of big Indian companies whichhave the wherewithal to manufacture alter-native refrigerants cheaply and on an indus-trial scale.

India’s accession to the Montreal Protocoloffers a few lessons for this government.While it negotiated the terms of the Protocolduring the late 1980s, it did not join as anoriginal signatory. India adopted a negotia-tion strategy aimed at securing financial as-sistance in addition to a “grace period” tophase out CFCs. With the wisdom of hind-sight it is clear that developed countries arenot going to pay for the damage they havecaused to the ozone layer. This does notdilute the imperative of tackling climatechange — rather than rushing to embrace theU.S. position on the Montreal Protocol, In-dia should stick to its original demand toaddress all greenhouse gas emissionsthrough the UNFCC. At the U.N. climatetalks, India’s commitment to stringent emis-sion norms must doubtless be coupled with alegally binding assurance of technologytransfer.

arun.sukumar@thehindu.co.in

A flawed approach to Montreal Arun Mohan Sukumar In rushing to embrace the U.S. proposal to

amend the Montreal Protocol on ozonedepletion, New Delhi has neither helpedmultilateral efforts to tackle climate changenor ensured that the appliances industry getsaccess to viable alternative refrigerants

Skipping CHOGMIt is clear that considerations thatare more political have weighedheavily on Dr. Singh’s decision tostay away from Colombo (Nov. 10).The Congress party, alreadybattered by a slew of corruptioncases and the challenge posed byNarendra Modi, does not want tolose the support of the regionalparties in the event of its being in aposition to form the nextgovernment. Ultimately in politics,it is power at any cost. Things likehuman rights are but piousplatitudes.

A. Michael Dhanaraj,Coimbatore

To go or not to go was the questionbefore India’s Hamlet.Unfortunately, it was decided that itwas “not to be.” Shorn of allemotional trappings, which havebeen worked up to a frenzy, the pureand simple question is whether thePrime Minister’s presence wouldhave had any adverse impact on thestatus of Tamils in northern SriLanka. If the meeting was to be heldoutside Sri Lanka, the “protestingvocalists” would have had noobjection to his attending the meet.

M. Ramankutty,Tripunithura

It is disappointing that Dr. Singh, astrong votary of good neighbourlyrelations, has now backed off.Hadn’t he met Pakistan PrimeMinister Nawaz Sharif in New Yorkrecently even though Islamabadhad escalated violations of theceasefire agreement on the Line ofControl and which evoked politicalprotests?

Meghana A.,New Castle Upon Tyne, U.K.

The controversy over the PrimeMinister’s participation inCHOGM, a low-key outfit, has onlyhelped enhance its importance. Thedownslide in the Congress party’sstanding in Tamil Nadu beganduring Indira Gandhi’s time. It willbe no exaggeration to say that it hashit an all-time low now, thanks to aseries of scams. Would Dr. Singh’sparticipation have affected hisparty in the polls as is being madeout? Most probably not.

S. Rajagopalan,Chennai

Though External Affairs MinisterSalman Khurshid will representIndia, Dr. Singh’s absence will robIndian participation of its sheen.The government’s aside that “it isnot necessary for the PrimeMinister to attend everyCommonwealth conclave” does nothold. The snub will certainly serveto belittle Lanka and adverselyimpact bilateral ties.

N.J. Ravi Chander,Bangalore

India should have acknowledgedthe successful holding of electionsin the northern province andattended the meet to find ways tofurther the interests of the Tamilcommunity. If regional parties inTamil Nadu are genuinelyconcerned about the Tamils in SriLanka, they would have asked Dr.Singh to use the platform ofCHOGM to raise the issue of humanrights.

Arsh Panwar,Bathinda

Like the abrupt announcement ofthe formation of a Telangana State,the Prime Minister’s decision toskip CHOGM is aimed at benefits in

the coming Lok Sabha election. Butthe political managers and thinktanks of the UPA have failed torealise that in order to harvest agood yield, one has to sow goodseed. By deciding to skip CHOGMon the ground that it will be againstthe sentiments of the people, theUPA has compromised India’sstrategic interests and therebyconceded space to Pakistan andChina.

Ettirankandath Krishnadas,Palakkad

We have once again demonstratedhow easily national strategicinterests can be sacrificed at thealtar of political expediency. Wehave only ourselves to blame if wefind new and strange neighbours inour southern backyard.

Sanjiv Khanna,Switzerland

It is a masterstroke by Dr. Singh.His action will douse the anger ofthe regional parties in Tamil Nadu.He has not disappointed otherCommonwealth nations either.

R. Krishnamachary,Chennai

“Wisdom prevailed” and “disasteraverted” are some of the usualphrases used by trade unions andpolitical leaders when decisions aremade to avoid mishaps. Dr. Singh’sdecision not to attend the CHOGMrichly fits these phrases. He hasmade a wise decision not to go. Thepolicy on Sri Lanka has always beenmarked by confusion. It is time theCentral government declared apolicy that is completely neutraland one that will earn it thegoodwill of most Tamils.

B. Sathyanarayanan,Chennai

Verdict on CBIWhile the stay is a breather for theCBI and the government, the CBIhas only itself to blame for thecreation of notoriety in the minds ofthe general public which dreads theagency, not necessarily out ofrespect for it.

It is high time the premier agencyis given unconditional autonomyand undisputed constitutionalstatus and freed from its politicalleash. Its recruitment policy mustbe purely on merit, with a ban onlateral appointments.

Sivamani Vasudevan,Chennai

The “off-the-wall” judgment of theGauhati High Court is sure to stir upa hornet’s nest for the present, butin a sense is a blessing in disguise. Itis an eye-opener. The SupremeCourt itself has on numerousoccasions recognised the agency’srole and assigned it a role in probingscams and scandals. Many of theseimportant cases being probed bythe CBI are on the directions andunder the direct monitoring of theapex court.

On the other hand, the GauhatiHigh Court verdict is anopportunity for Parliament torevisit the issue of grantingfunctional autonomy for the CBI.

R. Sampath,Chennai

No bad languageThis refers to the news item“Partymen should refrain fromusing BJP’s bad language: PM”(Nov.10). It is a fact that during theelection campaign, a number ofleaders in both ruling andOpposition parties use uncivilisedlanguage to win people’s support.

This has been the trend since thepast few elections.

It was the BJP’s Atal BihariVajpayee who was dignified in hisspeeches while canvassing for votes.Being a good orator, he mesmerisedaudiences with his punch lines andpoetic style of oration. The presentcrop of political leaders has much tolearn from him. The PrimeMinister’s statement is welcomeand will highlight the need fordebate on this issue.

J.P. Reddy,Nalgonda

Chess coverageMany of us chess aficionados feltgreat joy on hearing thatDoordarshan will telecast live theworld chess championship.However, all our hopes andexpectations have been checkmatedeven before the first move wasmade. To start with, the audio hasbeen barely audible. In between thescreen went blank and the actionshifted to some other sport. Afterthis there was the display of thechessboard with some kind ofanalysis. Unfortunately, only a partof it was visible. There was nodisplay of the moves either. Thenational broadcaster does not seemto have moved an inch from its“Rukavat Keliye Khed Hai” era.

Divakar Pai,Kodungallur

I wish DD Sports projects the wholeboard and moves with the notationinstead of showing us half the boardand Viswanathan Anand’s clockalone. There has to be some kind ofexpert commentary after eachmove.

N. Rajagopalan,Chennai

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

Policymakers must be heaving a big sigh of

relief at the decision of ratings agency Stan-

dard & Poor’s (S&P), to retain India’s sover-

eign rating at ‘BBB –,’ with a negative outlook.

The skidding rupee, a high current account deficit

(CAD), weakening GDP growth and rising inflation had

set off fears of an imminent downgrade of the country’s

sovereign rating. A downgrade would have taken India

to below investment grade, which would have put off

prospective investors and also raised borrowing costs

for Indian companies abroad, compounding the exist-

ing problems. If this dire scenario did not play out, it is

thanks mainly to the measures initiated by the Reserve

Bank of India and the government to support the rupee

and rein in CAD through a tight squeeze on non-

essential imports. A simultaneous pick-up in exports

and revival in FII fund flows, following the decision of

the U.S. Federal Reserve to continue with its monthly

bond-buying programme, certainly helped improve the

external environment. Interestingly, S&P notes that

“India’s external position is an element of strength for

the rating,” a far cry from the situation just a few weeks

ago. Yet, the fact is that the risk of downgrade has been

seen off only temporarily, as the ratings agency has

itself acknowledged in its report.

There still are several adverse economic variables for

policymakers to be worried about. With the CAD now

under check, the focus has shifted to the fiscal deficit

and the question of whether the government will be

able to stick to the target of 4.8 per cent of GDP for

2013-14 considering that elections are round the cor-

ner. Reining in subsidies on petroleum products and

fertilizers is crucial to meeting the fiscal deficit target,

but as we get closer to the elections it is doubtful if the

government will be able to prune either. Added to this

is the outlay on food subsidy, which S&P estimates will

be as high as 1.5 per cent of GDP. Funding these sub-

sidies would not have been a worry in an environment

of strong economic growth but that is not the case now;

the growth impulse is weak and both consumption and

investment are at a low ebb. Falling demand has result-

ed in idling of capacities across a range of industries

starting from automobiles to consumer durables.

These problems acquire a different dimension when

viewed along with the likelihood of political instability

at the Centre post the general elections. And this is

exactly the risk that the ratings agency is flagging for its

negative outlook. A change in the outlook to ‘positive’

and warding off a possible downgrade would require a

return of the growth impulse, resolute management of

the fisc and stable monetary conditions — a tough ask

indeed in an election season.

Reprieve, for now

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TUESDAY, NOVEMBER 12, 2013

12 THE HINDU TUESDAY, NOVEMBER 12, 2013

BANGALORE

EDITORIAL

Earlier this year, the Supreme Court described

the Central Bureau of Investigation as a

‘caged parrot’. Far from setting it free, the

Gauhati High Court sought to exterminate it.

The court’s judgment holding that the CBI is not a

legally constituted police force has been stayed by the

Supreme Court for now. The absence of a clear legal

link between the establishment of the CBI and the

Delhi Special Police Establishment Act, 1946, the law

under which the agency has been functioning for half a

century, is indeed an irresistible point of law that was

bound to be raised by someone some day. However, the

moot question is whether the High Court ought to have

taken such a hyper-technical view and struck down the

Union Home Ministry Resolution of April 1, 1963, by

which the agency was formed. While there could be

some merit in the contention that the CBI’s legal basis

was somewhat unclear, the High Court could have

highlighted any legal infirmity it found and sought the

government’s views on how it could be cured — instead

of invalidating the CBI’s very existence. The Supreme

Court will have to decide whether to accept the CBI’s

legality as a fact established by five decades of existence

and functioning with judicial recognition, and how any

infirmity, if that exists, is curable.

The Special Police Establishment (SPE), formed in

1941 under the War Department to curb corruption, got

statutory status under the Delhi SPE Act, 1946. Its

work was transferred to the CBI as soon as it was

formed in 1963 by a Resolution. The High Court has

now said it was a mere executive instruction with no

sanction from the Cabinet or assent from the Presi-

dent. It has been generally assumed that the CBI is

synonymous with the SPE, and the High Courts and the

Supreme Court have passed orders from time to time

transferring to it sensitive investigations from out of

the hands of State police departments. The constitu-

tional basis for the CBI’s formation is traceable to

Entry 8 in the Union List, ‘Central Bureau of Investiga-

tion and Intelligence’, but the High Court did not find it

good enough. Prime Minister Manmohan Singh has

promised to do everything necessary to establish the

agency’s legality and protect its past and future work. It

may be an opportune moment to provide a firmer

statutory framework for the CBI, one that grants it the

functional autonomy that the Supreme Court mandat-

ed in the Vineet Narain case in 1997. The Lokpal Bill,

stalled due to political bickering despite being passed

in the Lok Sabha, also provides for measures to insulate

graft investigation from interference and envisages an

independent role for the CBI under the Lokpal’s super-

vision. Strengthening this bill and ensuring its early

adoption would be the right course.

An opportunity to free CBI

The debate around the latest propos-al to ban opinion polls is an oppor-tunity in disguise. Beneath thefamiliar acrimony of partisan de-

bates, a much-needed middle ground hasemerged quietly. All we need is a group ofstakeholders — pollsters, researchers, mediaheads and political leaders — to come togeth-er to turn this possibility into a reality. Thetime is now.

On the face of it, the debate was anythingbut rational. This was a familiar parade oftired and untested arguments for andagainst opinion polls, depending on whohoped to benefit from them in the next fewweeks or months. Yet this political posturingand opportunism have had a positive out-come. They have ensured that a flat-footedban on pre-election opinion polls is unlikelyto happen soon. There is thus a window ofopportunity for a saner policy intervention.

Systematic collection of views

This new intervention has to begin by rec-ognising three basics. First of all, we mustrecognise that systematic collection of pub-lic opinion is a must in modern democracies.Since elections are not a private act, citizenswish to, and need to, know how others aremaking up their mind. Survey based trackingof the mood of the electorate performs thatcrucial role. In an unequal country like In-dia, where a tiny but voluble elite is used topassing off its voice as public interest, scien-tific sample surveys of public opinions areone of the few ways in which the voice of thepoor and the disadvantaged gets registered.All things considered, this is a better methodto monitor the popular mood than anythingelse that exists. This creates a widespreadneed for this information among politicians,the media and people at large. That is whyopinion polls and their use to track the elec-toral race are here to stay.

Second, it is precisely because opinionpolls are the least inaccurate way of assess-ing the electoral race, making this informa-tion public affects the race itself. Of course,you do not win elections by leading in opin-ion polls; nor does a negative election fore-cast seal your electoral fate. But it doesinfluence the race in small and, possibly,crucial ways. We do not have conclusive re-search on this point but the available evi-dence suggests that there is a small degree of‘bandwagon effect’ of opinion polls. A partythat is seen to be leading in the polls getssome additional support from fence-sitters.This small difference could be decisive in aclose contest. More than the voters, opinionpoll-based forecasts do affect the morale ofparty workers and supporters. This makes abig difference during the campaign. Theshrill denunciation of opinion polls by politi-cal parties is often an illegitimate expressionof this legitimate anxiety.

Finally, opinion polls in India have notlived up to the highest standards of profes-sional, rigorous and non-partisan polling.The problem is not that opinion poll-basedforecast has been inaccurate. On balance, therecord of Indian polls has been quite impres-sive. While exit polls and post-poll surveybased projections have done better than pre-election polls, all forms of polls have provento be a better guide to electoral prospectsthan any drawing room or news room gossip.

The real problem with Indian opinionpolls, barring some honourable exceptions,lies with their non-transparency and non-professionalism. Unfortunately, there is ve-ry little understanding among the commonpeople or even mediapersons of what the

polls can and cannot deliver. Pollsters makematters worse by making excessive claims,nothing short of black magic. A general un-willingness on the part of polling agenciesand the media to share even basic method-ological details about their polls compoundsthe problem. Most polls get away by an-nouncing the most perfunctory methodolog-ical information and making vague claimsabout the representative nature of the sur-vey. There is thus no way of telling a roguepoll from a professional effort. In the last fewyears, the proportion of rogue polls has in-creased. At least some of these, thankfullystill a minority, appear to have been cookedinside a room or a studio.

Appropriate intervention

Thus, whatever the motives of the Con-gress and the BSP, there is some point indemanding an intervention in the businessof opinion polls. The real question is: whatwould be the most appropriate and effica-cious intervention? Unfortunately, most ofthe reformers have little patience and un-derstanding to address this question. A callfor a complete ban on pre-election polls, or aban beginning the day of notification thatamounts to the same thing, reflects the knee-jerk response that has come to dominatemuch of our policymaking. Unfortunately,many well-meaning democratic reform ac-tivists and the Election Commission itselfhave lent their weight to this ill-consideredproposition. Banning pre-election opinionpolls is a remedy worse than the disease itseeks to cure. There already exists a ban onpublishing the findings of polls beginning 48hours before polling and till the last voter

has cast her vote. This is a reasonable re-striction, enough to safeguard against ma-nipulations. A full ban for the entireduration of campaign may not stand judicialscrutiny. It is hard to see how such a bancould be presented as a “reasonable restric-tion” of freedom of expression guaranteedunder the Constitution. Besides, it would bevery hard to implement. It could either existonly on paper, like the ban on smoking inpublic places. Or, worse, it could drive all thecredible and law-abiding agencies out andleave the field open for rogue polls of fly-by-night operators. In all likelihood, it wouldopen a black market of information whereconfidential polls and rumours will replacetransparent and accountable polling.

Besides, a ban is only a measure of lastresort, when all other methods have beentried and found wanting. The amazing thingabout the Indian debate on opinion polls isthat there has been little effort to explorealternatives to a ban, alternatives that havebeen successfully used all over the world.The present juncture offers us an opportuni-ty to explore this mature and intelligent re-sponse, rather than the ill-informed andknee-jerk demand for a ban. What we need isa regulatory framework for election-relatedopinion poll — comprising a code of conduct,mandatory disclosures and independent in-quiry — to be enforced by an independentagency. Such a framework exists in most ofthe older democracies and has worked rea-sonably well.

Disclosures

Here is a suggestion, then, about regu-lating rather than banning opinion polls. Ev-ery election-related poll, or any opinion pollfor that matter, must be required to makethe following disclosures: the ownership andtrack record of the organisation carrying outthe survey, details of the sponsor; samplingframe, sample size and the exact techniqueused to draw the sample; the social profile ofthe achieved sample; where, when and howwere the interviews conducted; the exactwording of the question and sequence ofquestions asked; raw vote shares reported inthe survey and how they were converted intovote estimates and seats forecast.

Besides this proactive disclosure, the poll-ing organisation should be required to sup-ply some additional information on demand.This second-order disclosure could includeproviding basic tables for some key varia-bles. Finally, in case of dispute or challenge,the polling organisation should be requiredto open its unit level data (raw data file) forin-camera examination by a committee ofexperts. There could be a provision for stric-tures and sanctions against those who vio-late these norms.

Who would formulate these regulationsand implement them? Ideally, it should beself-regulation by pollsters and media orga-nisations. An organisation like the NewsBroadcasters Association or the Press Coun-cil of India can take the initiative in thisrespect. Failing this, the Election Commis-sion could take up this responsibility. Whatmatters is the existence of a regime of man-datory disclosures rather than an agency incharge of implementing it. Once in place,such a mechanism would help the public tellthe difference between a genuine and roguepoll and incentivise transparent practices.That would be a significant step forward indemocratic public culture. After all, publicopinion polling is too valuable and conse-quential to be left to politicians, or pollsters.

(Yogendra Yadav is a psephologist and amember of the Aam Aadmi Party)

Opinion polls: the way forwardYogendra Yadav Opinion polls should be regulated, not

banned. Ideally, it should be self-regulationby pollsters and media organisations.

Defence of ModiMr. Javadekar’s brazen defence ofMr. Modi’s role in the 2002 riots(Op-Ed, Nov.11) is in consonancewith the party’s stand but carrieslittle weight in the light ofmounting evidence against theState police and the Gujarat ChiefMinister as well. The argumentthat people want closure by lettingbygones be bygones is a sinisterthought as hapless victims of theriots are still waiting for long-pending justice.

The BJP’s leaders have alsomade it a habit to draw attention tothe 1984 anti-Sikh riots, but thishardly reduces the intensity of thecrimes committed in 2002. Allwanton killings are brutal and canhardly be justified. The very factthat many of Mr. Modi’s closeassociates have drawn stiffsentences for their complicity inthe riots only proves that it is notthat easy for the Chief Minister towash his hands of the crime.

C.V. Aravind,Bangalore

Mr. Javadekar has triedunsuccessfully to defend Mr. Modiand the Gujarat police for theircomplicity in the horrific state-managed pogrom. He also says thatpeople want to move on. Butmoving on does not meanforgetting atrocities, humiliation,the pain of massacre and overallagony. Mr. Modi’s elevation as atop national leader will only spelldisaster for democracy andsecularism in India.

Md. Ziaullah,New Delhi

Mr. Javadekar has presented a truepicture of Narendra Modi andGujarat, reminding us that weshould not bear any prejudicetowards any national leader. Sowhy are we so narrow minded andunable to look beyond 2002?

Ravi Solanki,Haryana

A slip-upThis refers to the report “GujaratChief Minister in fresh historybattle” (Nov.11) and his referenceto Syama Prasad Mookherjee as “aproud son of Gujarat.” Such gaffesas the ones by Mr. Modi areforgivable, but it shows a lack ofhistorical knowledge on his part.But he did well by quicklycorrecting his error. Most leadersdo not have the courage to do so.

Sweety Gupta,Delhi

I think The Hindu’s manner ofreporting of the slip-up by Mr.Modi was grossly unfair. The mix-up was a slip of the tongue. Youmust also acknowledge that heapologised immediately. Whateverelse that he said, that is, thehandling of border issues withChina, 1857 and forgetting tallleaders of the past like MaulanaAzad and Acharya Kriplani, wereleft out of the report. Why?

Parth Govil,Noida

For an equal fightIn military terms, Narendra Modiis the general who is firmly incharge of his party’s campaign(Nov. 11). This cannot be denied.For the Congress, Mr. RahulGandhi refuses to act like a general.He has not succeeded so far ingiving us the impression that he isleading the fight. He needs thesupport of his advisers and othercapable leaders to take on Mr.Modi. The words of those whoconsider power as “a poison” willnot carry conviction, especiallywhen the UPA government isincreasingly being regarded asweak and indecisive on manyfronts. Mr. Gandhi must accept thechallenge and signal his readinessto lead his party from the front.People like a fight between equals.

T.K.S.Thathachari,Bangalore

Decision on CHOGMFinally, an intellectual and cleverdecision by India to send ExternalAffairs Minister Salman Khursid toattend CHOGM (“Manmohan tocall up Rajapaksa,” Nov. 11). This isa decision that will satisfy boththose who are in favour and againstthe Prime Minister going to SriLanka.

Abhishek Kumar Aggarwal,Chennai

The Prime Minister has bowed tolocal pressure and displayed a lackof statesmanship. The mainobjectives in India’s dealings withSri Lanka must be to ensure a justdeal for the nation’s Tamilminority, and to protect its owninterests in a region of strategicimportance. Dr. Singh could havetravelled to Jaffna and seen first-hand the work carried out by thegovernment following the end ofthe war. During this visit,shortcomings in humanitarian aidcould have been examined. Whilewe resent any interference in ourinternal affairs, we do not seem tofollow this in our dealings with ourneighbours. In the process, weantagonise them and end upgetting isolated.

M.M. Gurbaxani,Bangalore

Had Dr. Singh attended CHOGMalong with a visit to Jaffna, Indiawould have achieved more. It maynot be a surprise if Sri Lankasuddenly says that it has no use forthe 13th Amendment.

Thomas Edmunds,Chennai

Dr. Singh faced considerablepressure over his attendance atCHOGM. He is not going. Whilethe move certainly registers ourprotest, it has also deprived us of anopportunity to have the upperhand at the forum. Further, SriLanka has started inching closer toChina. Strategically speaking, it is

risky for us to give Sri Lanka thecold shoulder on this count. Weshould not have allowed emotionsto overtake the ground realities.

R. Sridhar,Bangalore

The fact that India has beenadvising Sri Lanka to reduce itsarmy presence in the Tamil-dominated areas is astonishing andappalling. It is completely out ofline with the kind of policies Indiafollows itself. Asking the SriLankan army to do this will onlylead to India’s detractors callingfor the Indian Army to leaveJammu and Kashmir for the verysame reason. Have we thoughtabout this?

Archit Gupta,Manipal

Dr. Singh has skipped CHOGM inorder to record India’s protest overSri Lanka’s indifference to humanrights violations, the proposeddilution of the 13th Amendment,attacks on Indian Tamil fishermenand “Sinhalisation.” Is this whatTamil activists expect from thePrime Minister? His letter abouthis “inability” to attend CHOGMreflects poor diplomacy.

M. Sendhur,Kollidam

The Prime Minister’s decision isdisappointing. Instead of helpingTamil leaders in Jaffna, TamilNadu’s politicians have played thewrong card in order to gainattention politically. This will onlybe the beginning of endlessproblems for India. It was not verylong ago that Tamil Nadu did notallow Sri Lankan cricket players toplay in Chennai and some SriLankan tourists were attacked. TheCentral government remained amute spectator through all this.India must help the Tamils tosecure political and economicrights.

V.K. Balakrishnan,Chennai

Typhoon tollThe calamity of epic proportionsthat struck the central Philippinesand Vietnam in the form of supertyphoon Haiyan is unfortunate, tosay the least (International,Nov.11).

The trail of death anddestruction left behind once againbrings to the fore man’s utterhelplessness in the face of nature’sfury. It is also a reminder of howIndia escaped disaster duringcyclone Phailin thanks to earlywarnings and the role of scienceand technology. Our hearts go outto the storm-affected people of thePhilippines and Vietnam who havesuffered immeasurably. India andthe international communitywould do well to rise to theoccasion by rushing food and aid tothose affected.

N.J. Ravi Chander,Bangalore

Music in the airI was driven to nostalgic memoriesof my days of youth in the 1950sand 1960s in Chennai when musicwas at its best during the season.The writer, Mr. V. Kalidas (OpenPage, Nov. 10) has brought out allthe aspects other than music alsoin his excellent article.

Yet, I felt there was somethingmissing in the article — that ofaffluent women from certain partsof the city making an exhibit ofpure Conjeevaram saris, gettingout of their luxury cars and slowlyclimbing the steps to occupy theirspecial seats in the auditorium,with their diamond necklacessetting off their saris and thensitting in a way so that all theirjewellery was visible to all.Whether they could distinguish“Abhogi” from “Sreeranjani” or“Pantuvarali” to “Poorvikalyani”was irrelevant. They were regularsin such seasons, making it all themore colourful.

Chirutapudi Subramaniam,Hyderabad

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

In ordering a stay on the run-off round of polls to

choose a new President, the Maldivian Supreme

Court has unwittingly precipitated a constitu-

tional crisis which will have far-reaching impli-

cations. A new President had to be sworn in by

November 11 according to the Constitution, and, as

Speaker of the People’s Majlis, Abdulla Shahid, has

correctly pointed out, Article 107 of the Constitution

stipulates that a presidential term is for five years.

There is no provision to extend it. President Mohamed

Waheed’s term — he was anointed in controversial

circumstances on February 7, 2012 — ended on the

night of November 10. The Supreme Court, which earli-

er had taken inordinately long to decide on the fairness

of the first round of polls held on September 7 (which it

finally annulled), went even further on November 9,

and, in direct conflict with the Constitution, extended

the term of the President till a new President is sworn

in. Again, as the Speaker, who belongs to the aggrieved

Maldivian Democratic Party, the largest party in the

country, points out, according to Article 262, to amend

the term of office of the President Article 107 would

need to be revised and approved by a three-fourths

majority of Parliament, and prior to being ratified by

the President must receive majority support in a public

referendum. On his part, Dr. Waheed, a former in-

ternational civil servant conversant with legalities that

are involved in his decision to stay on till November 16

(without pay), has contended that the Constitution is

silent on a way forward. Hence to avoid a constitutional

void, he submitted the issue to Parliament for a consti-

tutional solution.

The plea that disrupted the second round of polls on

Sunday has its merits — that one political party will not

have enough time to be able to tell its supporters which

way to vote. This was known earlier too, but was not

brought up by any candidate in the several meetings

they attended. From the sequence of events since Sep-

tember 7, it is clear that coalition partners in the

Waheed government, which includes the party found-

ed by former President Maumoon Abdul Gayoom after

he returned to the country, the Progressive Party of

Maldives, are not keen on holding the second round of

polls. And, from the polling pattern it is very clear that

the deeply divided country will vote to elect the MDP’s

Mohamed Nasheed President as and when a second

round is held. Surely, that is no reason to subvert the

entire process. Elections must be held on November 16.

The process of healing and rebuilding the fractured

democracy cannot wait any longer.

The challenge in Maldives

CARTOONSCAPE

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WEDNESDAY, NOVEMBER 13, 2013

10 THE HINDU WEDNESDAY, NOVEMBER 13, 2013

BANGALORE

EDITORIAL

The rupee is in trouble, yet again. The currency

has been sliding in the last five trading ses-

sions, to close at Rs.63.71 versus the dollar on

Tuesday. A convergence of unfavourable fac-

tors appears to be behind the renewed fall in the cur-

rency after the relative stability of the last few weeks.

The immediate trigger was the positive news emerging

from the U.S. The global economic engine last week

reported a better-than-expected 2.8 per cent growth in

the third quarter ended September. This was immedi-

ately followed by encouraging non-farm payrolls data

which showed that more jobs were added in October

than expected. These data have set off fears that the

Federal Reserve might start the tapering of its $85

billion monthly bond-buying programme as early as in

December or January. Foreign institutional investors

have turned net sellers in the domestic market in the

last few trading sessions. It is not coincidental that

since November 6, the day the rupee lurched into its

latest turbulence, FIIs have sold $438.50 million in the

debt market. The return of fears over tapering is

strengthening the dollar against other Asian currencies

as well, as global fund flows head back to the U.S. in

anticipation of rising bond yields.

There are a couple of domestic factors too that seem

to be working against the rupee. The most important of

these is the partial closure of the special window that

was opened by the Reserve Bank of India (RBI) for oil

companies to buy their dollars directly from the central

bank. With apparent stability prevailing over the last

few weeks, the RBI pushed back into the market almost

half of the oil companies’ dollar requirements, causing

demand for the greenback to rise. Also, a couple of

special measures initiated by the central bank at the

peak of the crisis to support the rupee by attracting

dollar inflows, such as the swap window for foreign

currency deposits, are supposed to close by the end of

this month. These factors, along with the possibility of

the Federal Reserve starting the tapering process,

point to a period of weakness ahead for the rupee. The

RBI may well find itself forced to extend some of the

supportive measures put in place earlier. What is

heartening though is that there has been a perceptible

improvement in the external account since the last

round of volatility a couple of months ago. Trade data

for October, the latest available, show acceleration in

exports and a significant fall in imports; if these trends

sustain, the current account deficit, which was acting as

a drag on the rupee during the last spell of volatility,

could be around $60 billion or 3-3.2 per cent of GDP.

Yet, this may not be enough to support the rupee if FIIs

decide to take their money back to the U.S.

The rupee’scontinuing troubles

Exactly 12 years ago, on November13, 2001 — just two months afterthe assassination of Ahmad ShahMassoud and the al Qaeda strikes

in New York and Washington D.C. — Mas-soud’s forces entered Kabul after Talibanfighters fled the city the previous night. Thiscame on the heels of desperate diplomaticefforts to prevent the Northern Alliancefrom occupying Kabul and taking over thereins of government.

Why did the United States and its allies goto Afghanistan? U.S. troops went there to getrid of the al Qaeda leadership, and combatterrorists with a global reach. Operation En-during Freedom was launched against ter-rorist entities and the states that harbouredthem. That was the reason for targeting theTaliban regime.

Intense operations

The United Nations Security Councilmandated an International Security Assist-ance Force for the security of Kabul and itsenvirons on December 20, 2001. ISAF hassince been supported by 49 U.S. allies andpartners. At its high point in 2011, there were1,40,000 ISAF troops in Afghanistan, includ-ing 1,01,000 Americans, not counting con-tracted private security personnel.

After such impressive marshalling offorces and intensified military operations,Afghanistan continues to remain among thegreatest security challenges of our times.What happened?

A 2009 Senate Foreign Relations Com-mittee report blamed the 2001 Pentagonleadership for the “lost opportunity” of pre-venting Osama bin Laden’s flight from ToraBora to Pakistan. Centcom CommanderGeneral Tommy Franks turned down a CIArequest for a battalion of Army Rangers toassist a rag-tag force tracking bin Laden.Concurrently, in late November 2001, Pakis-tani planes were allowed to airlift from Kun-duz hundreds of Islamabad’s advisers andtroops, presumably along with some of theTaliban’s and al Qaeda’s leading cadres. Ayear or so later, the U.S. shifted its attentionto Iraq, leaving the Afghan and Pakistantasks unfinished.

The U.S. and NATO initially believed that

a strong Afghan Army was not required,since the Taliban and al Qaeda fighters haddispersed without a fight — as for those whofled, Pakistan would take care of them. Af-ghans are still reaping the consequences ofthis initial neglect. The blunder of sub-con-tracting to Pakistan the management of theTaliban resulted in the outfit’s fighters beingnursed, nurtured and re-infiltrated into Af-ghanistan from 2005.

Since then, Afghanistan has become anarena for experimentation in social and po-litical engineering. The military campaignwas first cast as a war against terror, then as acounter-insurgency operation. The advan-tages gained by the surging American troopsand more muscular military action were de-feated by the announcement of the exitstrategy.

Opportunity lost

As for building Afghan capacity, little wasdone for several years. U.N. representativeson the ground advocated a ‘light’ interna-tional footprint. Rich countries were initial-ly parsimonious in their commitments. Inearly 2002, Afghanistan was a relativelyclean slate on which anything could be writ-ten, so long as the country’s well-wisherstook account of its regional strategic space.But that was not to be.

Paradoxically, after the Taliban reco-vered, regrouped and re-equipped itself inits safe havens and brought violence back toAfghanistan, a stepped-up civilian effort fol-lowed. The Afghanistan Compact, put to-gether in London in January 2006, madenation-building the main focus of the futureinternational effort. Its conceptual flaw wasthe vision to transform Afghanistan into theimage of its benefactors.

The instruments used to achieve this, suchas the Provincial Reconstruction Teams, by-passed Afghan institutions and indigenousimpulses. Afghan political leaders com-

plained that the parallel structures createdby the PRTs undermined their government.Between 2001 and 2009, the Afghan govern-ment incurred an expenditure of $5.7 billionthrough its own budget and institutions,compared to $41 billion committed for as-sistance to Afghanistan during the sameperiod.

Extent of fraud

Audits point to the fact that contractorprofits and consultant fees absorbed a sub-stantial part of the international assistance.The 2008 U.S. Commission on WartimeContracting reported that fraud alone couldaccount for as much as $12 billion spent inAfghanistan and Iraq. Some of this actuallyfunded terrorism and insurgency in Afghan-istan. “Every year, nearly $500 million flowinto the Taliban kitty from western sources,”the former ISI Chief, Asad Durrani wroterecently. This was mainly by way of protec-tion money.

Moreover, all three pillars of Afghanis-tan’s transformation — security, governanceand development — were undermined by thegrowing security deficit. Increasing Talibanattacks immobilised the fledgling statestructures at all levels and undermined Af-ghan growth and development. As AsadullahKhaled, former Kandahar Governor and for-mer head of the National Directorate of Se-curity, told me on my first visit to Kandaharin February 2008: “It is not that the Talibanis strong; it is that we are very weak.”

The picture in Afghanistan today is bleak:worsening security, ubiquitous Talibanpresence, poor coordination between do-nors and the government, a slowing econo-my, and increasing insecurity. A completeexit of ISAF would be a catastrophe for thecountry, the region and the world. Such anexit would dampen the ongoing develop-ment effort, undermine the impressive so-cial and economic gains achieved with so

much effort and sacrifice, embolden the ene-mies of progressive change in Afghanistan,and possibly even lead to a reversal to theancien regime of 2001, with serious securityimplications worldwide.

So, where do we, the world community, gofrom here on Afghanistan?

The international community should notabandon Afghanistan. It should not encour-age the country’s partition or leave it to themercy of those who are not accountable tothe Afghan people. It should avoid acquiesc-ing on exclusive rights over Afghanistan ofany single power, or group of outside powers.The global community should abjure extra-territorial demands, defined in terms of aveto over decisions that Afghans themselvesmust make. Afghanistan’s neighboursshould guarantee its independence and sov-ereignty rather than engage in acts that sub-vert them.

A return to status quo ante should beavoided. Terrorist networks in the region,with their cult of suicide bombings, are evermore closely tied to al Qaeda and its associ-ates. Their membership is more dispersed,diverse, and numerous than it was in 2001.Their restitution in Afghanistan might welllead to the unravelling of the state system inPakistan, creating for India and the world aneven bigger security challenge than the onewe face today.

We must strive to make Afghan securitysustainable by supporting its security appa-ratus and dismantling the infrastructure ofterrorism, both within the country and itsborder regions. Terrorism and insurgencyhave never ceased anywhere in the worldwhere support, sustenance, and safe havensfor terrorists and insurgents have been avail-able in the contiguity.

On development, the world should aban-don the idea that it can come from outside.An environment should be created in whichAfghanistan can develop itself. Afghan voic-es should be heard and space allowed fornational leadership. We must work towardsdesirable outcomes, without tangling inprocesses internal to Afghanistan.

Afghanistan will be economically sustain-able when it becomes a trade, transporta-tion, energy, and minerals hub in the region.The Afghan leadership had hoped to joinSAARC six years ago, and that Afghanistanwould soon become a land bridge linkingIran and Central Asia to China and the Indi-an subcontinent. The templates and actionagendas for dismantling trade and transitbarriers, and encouraging freer movement ofgoods, services, investments, peoples, andideas, are already in place. It is the inabilityto operationalise them that prevents Af-ghanistan’s sustained stabilisation.

Hard task

In spite of multiple international backchannels and the efforts of the Afghan HighPeace Council, talks with the Taliban havenot made much headway. Key players withinthe Taliban and Pakistan’s state structuresare yet to be convinced that they shouldabandon their campaign to seize power byviolence. It is a hard act to fight and talksimultaneously. While a lasting and perma-nent solution with them on board will bedifficult, without them it will be impossible.Efforts for peace, re-integration, and recon-ciliation with the reconcilable must, there-fore, continue.

Afghanistan’s fragmented polity needs tolook at reconciliation — between and amongethnicities, between Afghanistan and itsneighbours, and between the governmentand those elements of the armed oppositionready to embrace democracy and the AfghanConstitution, respect human rights, and endideological and organisational links with alQaeda and its associates. As Rumi, the greatAfghan Sufi sage said in his Masnawi 800years ago: “Believe in God, yet tie the camel’sleg.”

(The author has served as India’s Ambas-sador to Afghanistan, Algeria, Nepal and theU.N. Conference on Disarmament.)

Post-Taliban Afghanistan, 12 years onJayant Prasad The picture in Afghanistan today is bleak:

worsening security, ubiquitous Talibanpresence, poor coordination between donorsand the government, and a slowing economy

Ballot power winsIt is encouraging that 67 per cent ofpolling was recorded in eightnaxal-affected districts ofChhattisgarh, asserting the powerof democracy (Nov.12). This will goa long way in boosting the moraleof voters. It is the clearestindication yet that people believein the power of democracy. In viewof these facts and evidence thatpeople are for peace andprosperity, it is prudent if naxalleaders join the mainstream,bidding farewell to guns andviolence.

J.P. Reddy,Nalgonda

An impressive voter turnout in theMaoist-dominated regions ofChhattisgarh in the first phase ofpolls holds important lessons forthe political class and Maoistleaders alike. By ignoring threatsfrom Maoists for a poll boycott, thepeople have sent out a clearmessage. The political class shouldnow work tirelessly to improve thelivelihood of people. By addressingpalpable socio-economicdeprivation through time-boundand effective measures, insurgencycan be wiped out.

M. Jeyaram,Sholavandan

On the CBIEver since UPA-II assumed office,the ruling dispensation has beenfighting not only the Oppositionbut also our institutions ofeminence. The CBI now joins theranks of the CAG which was at thereceiving end for pointing out the“presumptive loss” in 2G, with thePrime Minister and a senior

Minister telling it that it mustrealise the subtle differencebetween “policy” and “policing.”

The government must realisethat the little known office of ChiefElection Commissioner became ahousehold term thanks to theproactive role of T.N. Seshan. Thereach of governance should be feltby the masses and none shouldbother about the overreach of ourinstitutions — if they are aimed atthe welfare of the common man.Repeated assault on our ownsystems will only weaken thegoverning process.

S. Krishnaswamy,Chennai

The UPA government seemsdetermined to terroriseautonomous institutions like theCAG and the CBI in order to escapescrutiny. It is sheer arrogance totry and put down these institutionsfor being upright. People in generalhave more faith in the CAG and theCBI than in the government and itspolicies.

K.S. Ramakrishnan,Chennai

The Prime Minister’s advice to theCBI must be taken seriously. Allthe members of the CBI can neverbe above board and free of politicalor communal prejudices.

Annadurai Jeeva,Srirangam

Dr. Singh has rightly done someplain-speaking on the CBI’sfunctional aspects. His commentsassume great significance in thewake of the Gauhati High Courtorder on the existence of theagency, and a Supreme Courtobservation earlier that the CBI is a

“caged parrot.” He knows well howimportant it is to strike a balancebetween total autonomy to the CBIand having some executive controlover the premier investigatingagency. Some sort of transparencyand accountability are necessaryfor the CBI’s smooth functioning.

He has succinctly said that somedecisions were indeed “risky,”thereby implying that the CBI hasto tread with caution beforecoming to conclusions. It mustinfuse a new sense in the agency’soperations.

Ganapathi Bhat,Akola

Run-up to CHOGMPermit me to go back to the days of1947-48 up to 1950, when theCommonwealth of Nations wasjust a fledgling organisation. Indiabecame a sovereign Republic onJanuary 26, 1950.

Then, Prime MinisterJawaharlal Nehru hailed the birthof the Commonwealth. As heacknowledged then, trueglobalisation means and entailsglobal citizenship of all people onthis planet. The wordCommonwealth profoundlyconveys the meaning that we sharethe wealth gifted to us by nature aswell as the economic, social,cultural aspects of all member-nations. Nehru in his magnanimityand true spirit of statesmanshipacknowledged the Queen ofEngland as the Head of theCommonwealth, though Indiabecame a Republic.

Prime Minister ManmohanSingh’s decision to stay away fromCHOGM 2013 does not augur wellfor his statesmanship. He hasmissed a great opportunity to

interact with other heads of stateas well as with the Sri LankanPresident for a frank talk on theTamils issue.

Wg.Cdr. (retd.) K. R.Dwarakanath,

Bangalore

Dr. Singh could have raised crucialissues at the meet. Instead, he hasbowed to fickle allies who will nowclaim their pound of flesh in 2014.

Ambili M.,Palakkad

The Indian decision is at bestpolitical inexpediency whenviewed holistically; in a region ofstrategic importance, it is a classicexample of flawed foreign policy.Constructive skills of diplomacyskills displayed by India in theSeptember elections to theNorthern Provincial Council in SriLanka and its net gain have beensacrificed at the altar of narrow andparochial political considerations.

K.M. George,Muvattupuzha

The editorial stand of The Hinduon the Prime Minister not going toSri Lanka as being wrong is notcorrect.

We should not forget the axiomthat democracy follows theprinciple that it is by the people, ofthe people and for the people ofIndia. In this context, bowing tothe wishes of the people of thesouth is right and ascribing it as a“narrow regional view” isunjustifiable. Nevertheless, as theeditorial points out, India shouldbe ready for the strategic anddiplomatic fallout.

Krishnaswami K.R.,Chennai

Akhilesh interviewSomeone needs to inform the UttarPradesh Chief Minister (Op-Ed,Nov.12) that development does notmean distributing laptops.Blaming the BJP does not provethat the government andgovernance in U.P. is good. Life inMuzaffarnagar revolves aroundreligion. Finally, the worddemocracy means beingresponsible to the people whom herepresents.

Harikrishnan D.,Thiruvananthapuram

Party fundingThe decision of the Centre to ordera probe into the source of fundingof the Aam Aadmi Party (Nov. 12) isakin to the devil quoting thescriptures. The AAP is right indemanding, in return, a probe intothe funding patterns of all otherpolitical parties. If the Centre ishonest and straightforwardenough to lay bare the shadydealings of the parties in fundcollection, it must also accept thedemand of the AAP and actdecisively.

C.G. Kuriakose,Kothamangalam

Farewell, SachinThe victory at Eden Gardens inKolkata has sent the message tocricket fans all over the world thatSachin Tendulkar’s presence isfading. It is time he realised that noplayer is a permanent fixture. TheIndian team has young talentaplenty. It is now time he took uphis role as Rajya Sabha MPseriously and sincerely.

T.V. Balakrishnan,Chennai

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

The 19th Conference of the Parties to the U.N.

Framework Convention on Climate Change

(CoP 19), which began on Monday in Poland,

marks a crucial milestone towards negotiat-

ing an effective global warming treaty. At CoP 19, the

fault lines remain the same: industrialised countries

would like to see a significant cut in global greenhouse

gas emissions (GHG), while developing nations are

prepared to reduce their carbon footprint only with

financial and technical assistance from the West. Nego-

tiators have given themselves two years to connect the

dots on a comprehensive agreement when they meet in

Paris in 2015. Predictably, this deadline has proven

tough to meet. Most countries agree that it would be

unrealistic to have the treaty prescribe the quantum of

emission cuts. There seems to be broad support for the

“bottom-up” approach, which would involve countries

submitting voluntary commitments assessed and mon-

itored for compliance by the treaty’s guardians. Even

so, the devil is in the detail: the EU, for instance, will

push for legally binding commitments to halve GHG

emissions by 2050 in comparison to 1990 levels. The

U.S. wants a mix of “legally and non-legally binding

commitments.” The Obama administration has said it

has no plans to ratify the Kyoto Protocol which impos-

es a binding emissions cut on developed countries.

For its part, India wants to retain the Kyoto Proto-

col’s preferential treatment of developing countries.

Along with BASIC group members Brazil, China and

South Africa, India has based its negotiating position

on the principle of equity. New Delhi has made its

climate commitments contingent on “mitigation ac-

tions” which would entail assistance to it in the form of

“finance, technology transfer and capacity building

measures”. The challenge for Indian negotiators at CoP

19 will be to secure these demands without being billed

as a holdout to the treaty. India has already faced flak,

rather unfairly, for its objection to bringing hydrofluo-

rocarbons under the Montreal Protocol, as opposed to

the UNFCCC. Meanwhile, fissures have shown up in

the BASIC’s negotiating line as a whole. Last month,

South Africa suggested the new treaty must include

binding carbon cuts for all parties. The imperative of

climate change — what with several natural disasters

this year, and the atmospheric concentration of carbon

dioxide having crossed 400 parts per million — is no

doubt lending urgency to negotiations. India’s climate

diplomacy must be aimed at dispelling the notion that

it is reluctant to tackle global warming. Meanwhile, it

must ensure Indian industry affordable access to west-

ern technology to meet our commitments effectively.

A crucial milestone

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THURSDAY, NOVEMBER 14, 2013

10 THE HINDU THURSDAY, NOVEMBER 14, 2013

BANGALORE

EDITORIAL

Facing a series of corruption charges, some of

them borne out by audit reports and police

probes, the last thing that the United Progres-

sive Alliance regime would want is to rein-

force in the public mind the image of being a

government that seeks to restrain independent agen-

cies from going behind its policies and decisions to look

for evidence of wrong-doing. Remarks by Prime Minis-

ter Manmohan Singh and Union Finance Minister P.

Chidambaram at a conference organised by the Central

Bureau of Investigation are likely to create such an

impression. When Dr. Singh said it would not be appro-

priate for a police agency to sit in judgment over policy

formulation without any evidence of mala fides, he may

have been voicing serious concern that treating an

administrative decision that goes wrong as criminal

misconduct may lead to policy paralysis. However,

with Union Finance Minister P. Chidambaram taking

the cue from him and cautioning the CBI and other

authorities like the Comptroller and Auditor-General

against “overstepping their limits,” it is difficult not to

see a pattern. The government is clearly uneasy with

recent developments: the CBI wishes to be seen as

being independent and wants to scrutinise decisions

such as those relating to allocation of coal blocks, and

there is greater public and judicial support for granting

it functional autonomy.

The UPA government is perhaps not wrong in high-

lighting the complexities involved in decision-making

in the era of economic liberalisation. Also, it has sought

to place in perspective the issue of granting autonomy

to the CBI: its operational freedom should be dis-

tinguished from the need for accountability and exec-

utive oversight. If all it wants is that errors of judgment

during decision-making should not be misconstrued by

an investigating officer as crimes, there should be no

quarrel. However, the government itself administers

the safeguards available in law and the judicial system

that can protect honest policy decisions and honest

officials against vexatious enquiries. The requirement

that prior sanction is needed before prosecution is

launched is intended to filter out misconceived charg-

es. Experience shows that corrupt deals do take place in

the garb of overtly proper administrative decisions,

while policies and norms ostensibly serving the public

interest are on many occasions framed in such a way as

to suit vested interests. Great caution is required while

seeking amendments to provisions that currently

criminalise actions that procure pecuniary advantage

to any person without any public interest. Protecting

the honest civil servant who makes risky judgment

calls is one thing; sweeping dishonest decisions under

the carpet of policy-making is quite another.

The garb of policy-making

Thirteen-year old Suraj Thapa worksas a kitchen boy at a highway dhabaon Jalandhar Bypass, well cared forby his Sikh employers. But why is

Suraj here in the first place, rather than at-tending school in his home district of Py-uthan in western Nepal?

Since the unification of Nepal two-and-a-half centuries ago, the state has failed toprovide for its citizenry, pauperising itthrough expansionary wars, hereditary au-tocracies and royal dictatorships. The poor-est have had to migrate for survival, reachingback to when Gorkhalis turned up at thegates of Ranjit Singh in Lahore.

Opportunity for growth

When the 1990 People’s Movement ush-ered in democracy, the opportunity for eco-nomic growth and equity seemed finally athand, a time to shed Kathmandu-centricismand the historical marginalisation of wholecommunities. Nepal would now be able toparlay its size, sovereignty and abundantnatural resources for material wealth, toemerge as an exemplary nation-state ofSouth Asia.

Before five years were over, however, theMaoists had picked up the gun against theembryonic parliamentary system. Evolutionof the polity was derailed and the economystunted; the process of ‘de-employment’ hasbeen ongoing now for 17 years, a decade ofconflict and seven years of chaotic‘transition.’

The poorest from hill and plains cross theopen border to the south, swelling the ranksof the labouring Nepali underclass, from thewheat fields of Punjab to the apple orchardsof kalapahad (Himachal) and the bylanes ofBangalore. The less-poor go to the Gulf andMalaysia. At least six million of Nepal’s 27.5million able-bodied are outside today, alsoseverely depleting the voter rolls for the up-coming elections of November 19.

Crows in a fog

The so-called transitional period has be-come almost as long as the conflict itself,with the economy held hostage and the state

directionless like a crow in a mountain fog.The Maoists came above ground followingthe massive and peaceful People’s Move-ment of 2006, but they cheated on the peaceprocess by holding on to their combatantsfor six years instead of the promised sixmonths. The historical monarchy was abol-ished by political consensus, but the Repub-lic of Nepal was weakened from the start byits progenitors.

An electoral farce was enacted in April2008, with aggression and reckless propa-ganda making the Maoists the largest partyby far in the Constituent Assembly (CA). Theelectorate was trapped by the hurried an-nouncement by Jimmy Carter (as a para-chutist election observer) that the polls werejust fine; and by the Chief Election Commis-sioner of the day who declared that the pollswere to be seen as part of the peace process.Given the sullied elections, the Assemblywas robbed of gravitas and credibility; afterextending its two-year term by a further twoyears, the CA collapsed in May 2012 withoutdelivering a document.

Throughout the period of the CA’s life, theMaoists continued to consolidate their gripon society, weakening the bureaucracy, po-lice, the army and, finally, the judiciary. Ig-noring the pain among the victims ofconflict, they developed a tacit understand-ing with the Nepal Army, the former enemy,to scuttle the formation of a Truth and Rec-onciliation Commission. Their goal of blan-ket amnesty for perpetrators sowed theseeds of long-term social discord.

Micromanaged quagmire

Perhaps the most dangerous developmentduring the CA’s term was the calibratedmanufacture of inter-community polarisa-tion, in the context of defining federalism.Cross-cutting divisions were activated be-tween hill and plains communities, betweencastes and ethnicities, with the sizeable Dalit

population losing out at every step.The Maoists prepared the stage for crony

capitalism, with all-out corruption whosescale went from lakh to crore to arab in ahandful of years. Deftly, the comrades trans-formed from revolutionaries to casino oper-ators, real estate mafiosi, and kickbackmerchants swimming in telecom, hydro-power and other honey pots. Steadfastlystonewalling district and village-level elec-tions, they helped extend the culture of graftto the grassroots.

The Interim Constitution’s stricture ongovernance-by-consensus proved a bane,and over time the polity came under the gripof the “four-party syndicate” steered by theUCPN-Maoist Chairman, Pushpa Kamal Da-hal (‘Prachanda’). It was this political cartelwhich, in early 2013, decided to hand overthe reins of the government to the sittingChief Justice, compromising Nepal’s tradi-tion of separation of powers.

With the political leadership divided be-tween the opportunists (Maoists) and theinept (the ‘democratic’ flank), the interna-tional community had a field day with Ne-pal’s internal affairs. Overseas donorsprovided ample funding for constitutionaldebates, but managed mainly to divert politi-cal activists into workshops and seminars.Beijing, nervous about its Tibet underbellybut also seeking to create new geopoliticalrealities, sought to increase its influence onthe Home Ministry. Astoundingly, New Del-hi seemed to outsource its Nepal policy tounaccountable ‘agencies’ and obnoxious in-dividuals and, as a result, got caught in aquagmire of micromanagement.

Country without jurists

One more try at writing the Constitutionwas needed, hence the polls next week forConstituent Assembly-II. Unfortunately,the ‘syndicate’ has ensured that the founda-tions are weak. There is no threshold per-

centage, so the forthcoming House will likelybe hugely fragmented. The size of the As-sembly at 601 members is unwieldy, and thenature of the ‘proportional list’ allows partyleaders to play favourites. The plains Dalit,in particular, have been abandoned in thevarious compromises made. The unkindestcut was to discard the very concept of vet-ting, allowing war-crime accused to becomecandidates.

Given such flaws, the meaningfulness(saarthakata) of the CA-II can only be en-sured by guaranteeing clean elections. Evenif Constitution-writing takes time, in thiscountry without jurists, there will be a Par-liament for the next four years. Representa-tive government will provide a buffer for theeconomy and give continuity and directionto the state. The polls will also help separatethe judiciary from the executive, and salvagea modicum of dignity in the internationalarena — including assigning an ambassadorto India, a seat that has been vacant for morethan two years.

The elections are also crucial to impedethe growth in tandem of the radical left andthe Hindutva-right, the former led by Chair-man Dahal and the latter manned by thoseenergised by the prospects of Narendra Mo-di in India. The road to socio-political stabil-ity is ideally along the lines spelled out by thelate Biswheswor Prasad Koirala half-a-cen-tury ago, a social democratic state wherefundamental freedoms will help reverse theinjustices of the past and present.

Electoral accessory

Nepal’s normalisation is dependent at thisstage on representative government built onthe basis of kosher elections, reversing themomentum towards money and muscle inpolitics. The dangers emanate from theUCPN-Maoist of Dahal and the breakawayfaction of Mohan Baidya. The leaders of theNepali Congress, the CPN (UML) and Mad-hesbadi parties are unable to block the elec-tions even if they want to.

What would Chairman Dahal (and Vice-Chairman Baburam Bhattarai) do if theyperceive the UCPN-Maoist party faring con-siderably worse than in 2008? This is a crit-ical question, for the temptation would be totry and hijack the outcome through boothcapture, stuffing of ballots and threateningvoters and candidates alike with the YoungCommunist League — as was done the lasttime. The UCPN-Maoist is also far ahead ofthe other parties in the ability to buy votes,and the spending would be upped sharply inthe final days.

The other critical question is whether Mr.Baidya and his party will seek to disrupt thepolls as a whole, or help fight Mr. Dahal onthe issues. It is a fact that Mr. Baidya wasunfairly treated by the ‘syndicate’ in talks onparticipating in the elections, but he does thepeople an injustice with the run of bandhsand bombings of the past month. In the pen-ultimate days, he is emerging as a spoilerand, in that sense, acting as a Dahalaccessory.

In the days before the ballot, Mr. Baidyahas managed to divert the attention of theelectorate from the issues that are vital forthe upcoming elections — responsibility forthe weakened sense of national sovereignty,heightened impoverishment, squelching oflocal government, loot of the exchequer,communal polarisations, and candidacies ofaccused perpetrators.

The upcoming election is one more at-tempt to end the run of debacles that hasdogged the people of Nepal through history,and to reach for normalcy, in democracy andin peace. That journey begins, once again, bytrying to keep money and muscle from influ-encing the ballot box on November 19.

(The writer is a civil rights activist andjournalist based in Kathmandu.)

Long walk to normalcyKanak Mani Dixit Nepal is making another try at Constitution-

writing, hoping that a free and fair electionexercise this time will give deliverance

HarassmentIt is indeed most unfortunate that aretired judge could have done sucha thing (Nov.13). What is mostworrying is that it now involvespeople of the legal profession. Thejudiciary is the last bastion ofjustice if everything else fails insociety. If the intern’s allegationsare true, there are no words left tocondemn the incident.

One also needs to ask the internwhy she kept quiet for so long.However, it is heartening that theChief Justice has been quick to act.

J.P. Reddy,Nalgonda

The Chief Justice’s action looksmore like a departmental enquirythan a detailed investigation.Judges are highly respected bysociety and should subjectthemselves to higher standards ofaccountability. If all are equalbefore the law, there is no reasonwhy the law enforcement agenciesshould be kept away till thecommittee comes out with itsreport.

Why can’t the blog written by theintern be treated as a writtencomplaint? Internal enquiries,however impartial, seldom receiveunqualified public approval.

V.N. Mukundarajan,Thiruvananthapuram

It is really appalling that in ournation, even judges are not withoutcharges. One is reminded of a linein the popular Tamil filmThangapathakam: “People go togod when they are grieved; wherecan they go if god himself isgrieved?” If gold rusts, what willhappen to iron?

Meenakshi Pattabiraman,Madurai

Insensitive remarkThis refers to the report “CBIDirector’s rape remark triggersrow” (Nov. 13). Already, there hasbeen much debate on the topic andthe government has beenadequately censured for being veryinsensitive in matters relating tothe frequent and unfortunateoccurrences of assault on women.Given this, senior officers shouldbe very cautious in makingremarks. In an era where socialmedia are hyperactive, they mustremember that they will live to ruethe day.

Vathsala Jayaraman,Chennai

Mr. Ranjit Sinha’s remark on rapehave shocked the nation as a wholeand those who are struggling everyday to try and enable a saferenvironment for Indian women tolive and work in. If the top officialof a premier agency can make suchan insensitive and distastefulremark, and that too out of context,and then make it worse bytrivialising such a crime in anoffhand manner, what can weexpect from lower rank personnelwho are supposed to deal directlywith victims of rape? More thanthe enactment of a battery of lawsto protect women, sensitisingenforcement authorities to theimpact of such crimes on victims ismore important.

Rameeza A. Rasheed,Chennai

Fighting demolitionThe happenings at the Campa Colacompound in Worli, Mumbaidepicts the sad saga of the Indianmiddle class and the poor whoalways have to bear the brunt ofsocial injustices. I recently

underwent a traumatic experiencewhen wanting to buy a flat. I had toapply for a loan and was told by mylawyer and bank manager that thepapers were not in order. The mostimportant document, the no-objection certificate, was missing.To my surprise, the builderbrushed my concerns aside andsaid he would find me an agent toget the loan; he had used such astrategy to get loans for otherbuyers. Later, I got to know that apolitician was a partner in thebuilding project. How this waspossible was beyond me but it onlyshowed that there are loopholesand the citizen has to bear thebrunt in case of wrongdoing. Iunderstand what the residents ofthe Worli complex must be facing.

Josephine Joseph,Bangalore

It is well known that builders areinvolved in various irregularities inorder to maximise their profits. Iam sure that a survey across Indiawill reveal many such Campa Colacompounds; such protests arebound to grow if illegalconstructions are not caught intime and the guilty punished. But is regularising really asolution? There is also some truthin the argument that these people/residents are not considered apotential vote bank. The fact thatthe Aadarsh building still stands isironic.

Sweety Gupta,New Delhi

CHOGM & beyondThe question is with the PrimeMinister not attending CHOGM,will India be alleviating the plightof Sri Lankan Tamils? Will wefurther lose the opportunity to giveTamils a dignified life? Moreover,

it is not an internal meeting of SriLanka but an international summitwhere Sri Lanka is just a venue.India should have understood this.

Manisha Malik,New Delhi

Sri Lanka is a small nationcompared with India. What willhappen if there are fissures in tieswith Colombo? Human rightsviolations in Sri Lanka are wellknown. Indian should have takenthe opportunity to firmly tell SriLanka that it is time it made adifference to the lives of Tamils. Itis only the lack of political will andindecisiveness that has led to Indialosing ground. India needs a boldleader who can demonstrate thevision it displayed in 1971. It can dothis without being antagonistic or abully.

G. Raman,Chennai

The government of India’s full pageadvertisement titled “India’sassistance to Sri Lankan Tamils”(some editions, Nov.9) wasinteresting. It is heartening to notethat between 2005 and 2015(commitment) or 10 years,assistance will total Rs.2000 crore,a per capita of Rs.2000 for anestimated population of onemillion Sri Lankan Tamils. SriLanka is not a poor country. ItsHDI is high at 93 compared toIndia’s 136th rank (2012) andliteracy is 90 per cent as againstIndia’s 65. One can also use this asan opportunity to question SriLanka’s contribution. One onlyhopes that the viable tea andplantation industry of Sri Lanka isused to rehabilitate the Tamils. Ofthe Rs.2,000 crore funding,Rs.1,350 crore is the commitmentfor the period 2013-2015. Given

this fact, the Prime Ministershould have attended the meet andspelt out India’s vision. It is alsohoped that Sri Lanka remembersthat, in Nehru’s era, more than5,00,000 stateless people wererepatriated to India.

K.V.S. Krishna,Chennai

Tendulkar & chessThe world will soon be biddingfarewell to the Kohinoor diamondof Indian cricket — Sachin RameshTendulkar. His contribution tocricket is laudable. He has broughtcheer to millions of Indians andemerged as a youth icon withoutany scandal. But this is also thetime for him to give back to societythe love and affection he hasreceived from millions. He canturn philanthropist and work touplift the downtrodden. As aMember of Parliament, he has anadded responsibility to participatein legislative discussions and throwlight on the issues of the country.

Kosigi Ramamurthy,Hyderabad

For a chess buff like me, TheHindu’s coverage of the WorldChess Championship is a truedelight.

Satish Kumar Maloth,Rangareddy

This week, two of our sportingicons and role models are in thelimelight. I remember the timewhen I used to comfort my sonyears ago when he would getdepressed on facing setbacks. Myline to him used to be: “EvenSachin does not score hundred inevery innings.”

Gp. Capt J.R. Arunachalam(retd.),

Chennai

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

The government announced recently mini-

mum support prices (MSP) for wheat and a

few other rabi (winter) crops. What distin-

guishes the latest announcement from previ-

ous ones are, first, it has come well in time, and

secondly, the government, on this occasion, has not

followed the usual course of bowing to populist pres-

sure and raising the support prices beyond what was

warranted by any economic logic. Because of delayed

announcements in earlier years, farmers had been un-

able to derive the benefits of the signals that the MSP

mechanism sends out. This year, however, the an-

nouncement was made right at the start of the sowing

season for the winter crops — usually end-October.

Therefore farmers can look at the MSP to decide on

matters such as crop selection, whether diversification

is feasible, and so on. The government too stands to

benefit. The MSP mechanism can be calibrated to en-

courage farmers to diversify away from water-inten-

sive crops to pulses and oilseeds. It is a moot point

whether those objectives will be achieved this time, but

the government cannot be accused of not trying.

The striking feature of the latest MSP announce-

ment relates to wheat, the most important winter crop.

In a sharp departure from the past, the MSP of wheat

has been raised by just Rs.50 a quintal to Rs.1,400. The

increase is the second lowest over the entire two terms

of the UPA-I and UPA-II governments and is partic-

ularly noteworthy because it comes on the eve of elec-

tions in important States and general elections next

year. Election-eve compulsions would normally have

influenced the government to substantially increase

the minimum support prices. Hikes in the MSPs of

other winter crops such as barley and rapeseed-mus-

tard are on the low side. The fact that high food prices

are behind the persistently high headline as well as

retail inflation has weighed with the government. The

time has come to look at the MSP mechanism in its

entirety. Over the years it has become the procurement

price, thereby setting high floor prices for private trade

which will continue to have a prominent role alongside

the public distribution system even when the National

Food Security Act becomes fully operational. The “bo-

nus” awarded by some State governments over and

above the MSPs, however, complicates the picture as it

will drive the procurement prices even higher and leave

very little for private trade. The fact that government

godowns are overflowing with food stocks when cereal

inflation is high is proof that all is not well with the

government’s farm sector intervention, of which the

MSP is an important component.

Appropriatesupport

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FRIDAY, NOVEMBER 15, 2013

12 THE HINDU FRIDAY, NOVEMBER 15, 2013

BANGALORE

EDITORIAL

Policymaking on the basis of a sound economic

rationale, overriding practical political real-

ities and social concerns, would be particular-

ly difficult in an election season. The

controversy that has broken out over the Finance Min-

istry’s proposal to slash budgetary support for social

sector schemes and the opposition that it is generating

from within the government and the coalition exempli-

fies the problem. The Finance Ministry’s hand is forced

by the need to keep the fiscal deficit under check in an

environment of slowing economic growth, low tax rev-

enues and rising subsidies. About three-quarters of the

budgeted fiscal deficit for the whole of 2013-14 was

already reached in the April-August period, which

means that the Finance Ministry has little choice but to

go for “savage” cuts in the remaining months of this

fiscal year. Falling tax revenue growth — direct tax

collections grew by 11.58 per cent in the April-October

period as against the targeted 19 per cent — leaves the

government little room for manoeuvre. A breach of the

fiscal deficit target will most likely attract a downgrade

of the country’s sovereign rating, which will push up

borrowing costs for Indian companies abroad and put

off prospective foreign investors.

The across-the-board cut in expenditure has obvi-

ously affected flagship welfare schemes of the UPA

such as the Mahatma Gandhi National Rural Employ-

ment Guarantee Scheme and the Indira Awas Yojana,

sparking protests from within the government. Rural

Development Minister Jairam Ramesh has asked what

is so “sacrosanct” about the fiscal deficit target. A close

look at the numbers, however, shows that the Rs.2,000-

crore cut in allocation to MGNREGS, for instance,

accounts for just over 6 per cent of the budget alloca-

tion of Rs.33,000 crore for 2013-14. Second, the general

elections will be a vote on the performance of the

government over its entire term, not just on what

happens in the final six months. Still, the pressure on

Finance Minister P. Chidambaram to loosen the purse

strings will be tremendous. Mr. Chidambaram will

have to balance between pleasing fellow ministers and

partymen and ensuring that there is no harm caused to

the economy in the process. This is easier said than

done in the current environment when most, if not all,

the economic indicators are flashing red. In the short

run, there are only two ways of freeing up resources to

increase welfare spending. Prune subsidies further on

petroleum products such as diesel and cooking gas and

push hard to increase non-tax revenues from disin-

vestment and the sale of spectrum. If the first will

alienate urban voters, the second might not yield sub-

stantial amounts in the present environment. Clearly,

there is a lot of tightrope walking to be done in the

months ahead.

Tightrope walking

Two recent events have focussed at-tention on the relationship be-tween the political executive andpublic servants. At the internation-

al conference on corruption organised by theCentral Bureau of Investigation on Novem-ber 11, Prime Minister Manmohan Singhurged that if there was no evidence of wrong-doing, there should not be any presumptionof criminality. He also said that Section 13 d(3) of the Prevention of Corruption Act, in-troduced when P. Chidambaram was theMinister for Personnel two decades ago,would be removed. This Section extends theconcept of corruption to any loss to the gov-ernment by the action of public servants.

On October 30, the Supreme Court of In-dia, on a public interest litigation plea byseveral retired senior civil servants, ruled infavour of greater order and transparency intransfers and posting. It directed the forma-tion of a Civil Services Board of senior civilservants to decide on transfers and postingsand a fixed tenure for postings. It also direct-ed civil servants not to accept oral ordersfrom their superior officers or Ministers,and to ensure that the orders are reduced inwriting before they are carried out.

The judgment has been welcomed by themedia, the bureaucracy and those who dealwith the government and its institutions.The reaction from the political executive hasbeen muted and, from some quarters, nega-tive, with one spokesman saying the powerof transfers and postings should continuewith the political executive. There have alsobeen comments from think tanks that thejudgment would be difficult to implement,given that the Central as well as State gov-ernments would be involved, and that theSupreme Court should not have ventured sodeep into the realm of executive jurisdiction.

Behind these two events is the recognition

of the development of a malaise that is af-fecting governance and the way the businessof government is transacted. Even moredeeply, there appears to be a debate betweenwhat is right and who is right.

Pre-Independence legacy

The permanent civil services are a pre-Independence legacy. There was always tobe a gap between administrators/implemen-ters and politicians. The former were profes-sionals who were expected to advise onpolicy, and implement the government’sprogrammes and projects. The relationshipwas one based on mutual trust and respect ofone another’s role. Those of us who joinedthe services in the 1960s took this relation-ship for granted, and were able to functionfreely, with respect and close coordinationwith Ministers. This has changed since the1980s. The growth of regional parties and thefragmentation of the national polity broughtto power groups which had the short-termobjective of retaining power, and lesser re-spect for established rules and regulations.There was increasing pressure on civil ser-vants to do as they were told, under threat oftransfer and administrative action. In someStates, there was little respect for office ortenure, and officers lived in constant anxietyover the next transfer. The recent case of thesuspension of a young officer in Uttar Pra-desh, and actions against an officer in Harya-na are visible examples of political

highhandedness. Officers were given oral or-ders that were often not backed by rules. Inthe event of an investigation, the officers hadto face culpability. In the last decade, theexcesses have extended to several sectorsthat are now facing investigation and crimi-nal action.

The Supreme Court judgment is a wel-come reprieve that attempts to set theboundaries for political intervention in ad-ministration. The directions on written or-ders, fixity of tenure and the establishmentof a Civil Services Board are based on theearlier recommendations of the Hota com-mittee and the Administrative ReformsCommission reports of 2009. These recom-mendations were not implemented by thegovernment, and the Supreme Court verdictdraws upon them and directs implementa-tion. However, it is not going to be easy toimplement the instructions, for severalreasons.

Disjoint in governance

First, there is a serious disjoint in govern-ance between the political hierarchy and theadministrative machinery. The 2G case, coaland mining scandals, the CommonwealthGames and other incidents have clearlydemonstrated that there has been consid-erable erosion of fair processes in the lastdecade. Criminal investigations will deter-mine where the malaise lies: but it is quiteapparent that the subversion of due process

to the advantage of a select few has originat-ed at the level of the political executive. Onlyinvestigations will reveal whether the civilservice participated in the wrong-doing. It isalso clear that in several instances, ruleshave been flouted, earlier norms overturned,and protests marked on files ignored. Thereis now lack of trust and fear among seniorbureaucrats, who feel they have no safety netagainst illegal action, and that they are victi-mised if they do not toe the political line.

The Prime Minister’s assertion at the anti-corruption seminar on November 11 that ineffect, a loss to the government and thecountry does not necessarily constitutewrong-doing indicates the direction of fu-ture political decision-making. If this is themindset, there is no way the Supreme Courtjudgment will change the behaviour or atti-tude of those in power. It is no surprise that aCongress spokesperson has reacted stronglyto the judgment, and declared that transfersare a tool to control the bureaucracy.

Second, it is equally true that there hasbeen some politicisation of the civil service.In several States, officers close to a regimeare unwanted during the next regime. Suchclose political proximity is possible onlythrough compromises in decision-making aswell as in ethical standards. The politicianmay well turn to these instances to justify hisposition. There is also considerable corrup-tion at the operating levels. Fixity of tenurein lucrative jobs, as promised by the court, isbut a guarantee to continue to exploit thebenefits of the position. It will become adouble-edged sword. If there is collusion be-tween the interests of the political executiveand the civil service, the Supreme Courtjudgment will result in an increase in wrong-doing, not a curb on it. There is enoughevidence at the lower levels of administra-tion that this is true.

Third, there is the ultimate question ofaccountability. As long as wrong-doing goesunpunished, the politician will continue tobelieve that getting voted back to power issufficient proof of innocence, and that thecivil service should not be a bottleneck. Re-cent Supreme Court judgments on the Rep-resentation of the People Act as well as theclose monitoring of 2G and other cases haveshifted the focus to courts, and no politicalparty is comfortable with that. We are facedwith the ultimate question of whether, in ademocracy, the rule of law can be interpret-ed in favour of those in power at a particulartime. If yes, the Supreme Court judgmentwill have no effect.

The time is now ripe for a much morefundamental debate, on whether the rules ofbusiness that applied to a colonial regime areany longer relevant. Even in the UnitedKingdom, where these rules originated, theyhave been given up in favour of a joint deci-sion-making process that makes the Minis-ter in charge solely responsible for theactions. Watchdogs are effective and retri-bution is swift and deterrent. The verticalhierarchy of notes and orders prevalent inIndia shifts responsibility in a manner thatmakes accountability difficult — it is time tochange that. If not, as predicted by HamzaAlawi two decades ago, the state would beunder the control of the political and indus-trial class, aided, to some extent, by the bu-reaucracy, and all to the detriment of thenation and the citizens.

(S. Narayan is former Finance Secretary,Government of India.)

A question of accountability S. Narayan While it is apparent that due process

has been subverted to the advantage of a few by the political executive, it is equally true that there has been somepoliticisation of the civil service

Rabble-rousingThis refers to the report “EC pullsup Rahul, sends notice to Modi”(Nov. 14), where the Congress vice-president has been “warned” to bemore careful in his speeches, andthe Gujarat Chief Minister asked toexplain his “bloodied hand”remark. The truth of the matter isthat, of late, rabble-rousing hasreached unacceptable levels. Thepolitical class must ensure thatcommunal harmony isstrengthened and peacemaintained. It must also rememberthat voters now have the option ofpressing the NOTA button.

P.S.S. Murthy,Hyderabad

It is well-known that all politicaloutfits, including the nationalparties, resort to undesirabletactics such as making derogatoryspeeches against their rivals tocover up their failures and misleadpeople. However, voters are smartand have shown that they electcandidates based on their pastperformance and vision. Partiesand their candidates should go topeople with their achievements andplan of action to address the issuesbefore the nation.

Kshirasagara Balaji Rao,Hyderabad

The Election Commission’s act ofpulling up Mr. Gandhi and sendingnotice to Mr. Modi is unacceptable.Impromptu speeches by leadersmay include satire and irony, whichare but part and parcel of politicalrhetoric.

Thendral Anand,Srirangam

On Patel & NehruThe article, “The divide that neverwas” (Nov. 14), was well-argued.But the larger issue is the trendamong our political parties to makeclaims and counter-claims onfreedom-fighters and their legacies.The appropriation of our nationalheroes by a political party will onlydistort history and end up doingmore injustice to their legacies. Our

leaders did not fight for a particularparty or community. They foughtfor India and they belong to India.

Velpula Ramanujam,New Delhi

The article highlights, citing facts,the wonderful relationship thatexisted between Jawaharlal Nehruand Sardar Patel. Neither BJPleaders nor Nehru-Gandhi loyalistsseem to appreciate this. To ignorethe mutual respect and affectionthe leaders had for each other, anddwell only on their differences ofperception, is nothing but anattempt to distort history anddivide people.

R. Ravichandran,Chennai

Alleged harassmentThe allegation by a law intern thatshe was sexually harassed by aretired judge of the Supreme Courtin 2012 is mortifying. It isheartening that the Chief Justice ofIndia has constituted a committeeof judges to probe the allegation.

Rajesh Raveendran,Thiruvananthapuram

The Chief Justice has done well totake swift action. If the allegationagainst the retired judge is true, it isa matter of grave concern. In thepresent case, it relates tosomething that happened in 2012.One wonders why the woman tookso long to talk about it.

K.V. Seetharamaiah,Hassan

Demolition episodeThanks to the Supreme Courtwhich stayed the demolition ofunauthorised flats in the CampaCola compound, Mumbai, theresidents are visibly relieved (Nov.14). It looks like only courts arerunning the country.

But it is not possible for citizensto approach courts on every issue.Governments should takeappropriate steps to check buildingviolations before it is too late. Thisway, people can be spared distressand uncertainty in later years.Builders should be asked to put up

their project and buildingapprovals on their website. Thiswill not only avoid confusion butalso minimise the number of casesand RTI applications.

Meera Jhangiani,New Delhi

There are many unauthorisedbuildings in Mumbai. Politiciansacquire government plots and flatsto run non-profit organisations forthe poor. But, in reality, they runcommercial activities from thepremises. This is well-known.

Many developers sell anunauthorised flat to more than onebuyer. Even after courts declare aconstruction unauthorised, themunicipality does not demolishbuildings. It argues that the flatresidents have registered a case ofcheating against the builder. Whatdoes the municipality have to dowith disputes between the builderand the buyer? The need of thehour is transparency.

Jagdip H. Vaishnav,Mumbai

I thank The Hindu for highlightingthe fact that vested interests wantthe residents of the compound tovacate the building so that a five-star hotel can be constructed.These allegations have not beenpublished in the local media, whichis surprising. The root cause of theproblem in the Campa Colacompound and other places is thenexus between builders andmunicipal authorities, which isdifficult to break. Guidelines areneeded on whether the authoritiescan collect taxes on illegalconstructions, and whether taxesthus collected will be refunded.

Deendayal M. Lulla,Mumbai

Recently, hundreds of slum-dwellers living on government landfor over a decade were evicted oncourt orders in Bangalore tofacilitate the construction of a mallby a private builder. Nobody cameto their rescue. They were left totheir fate. Children studying inschools were stranded on thestreets. I cannot but compare this

with the Campa Cola compoundepisode.Similar is the case with bank loans.Ordinary citizens face the full forceof law when they fail to repay theirloans. But corporate borrowerswho cheat to the tune of thousandsof crores are treated with kid-gloves. We still live in a feudalsystem, despite the talk of welfarestate, equality, etc.

V. Balasubramanian,Bangalore

The protest against the demolitionof illegal floors in the Campa Colacompound is unacceptable. On theone hand, people want corruptionto end and, on the other, theyprotest against legal decisions.Civic bodies must look within.There is something beyondprotests.

Damini Yadav,Meerut

Autonomy for the CBIIt is ironic that the Congress is nowdirecting its ire at the CentralBureau of Investigation (“The garbof policy-making,” Nov. 14). Thereseems to be a misplaced view that ifthe CBI is granted autonomy, itmight misuse it. However,considering the way the agency hasallowed itself to be manoeuvred allthese years, it is worth taking therisk. One can be sure that thejudiciary will be watching and willstep in if things go wrong.

S. Rajagopalan,Chennai

The so-called “caged parrot” seemsto be moving towards a dungeon.After its existence was challengedby the Gauhati High Court, and thePrime Minister and a seniorMinister gently reminded it on howto proceed in investigation, itseems to be getting tougher for theagency to perform even its definedduties.

Pushpendra Pathak,New Delhi

Indiscreet remarkThe CBI Director should haveexercised caution before making

remarks on a very sensitive issue(Nov. 13). What is more importantis a campaign for social change.Gender studies and sensitivityshould be introduced in the schoolcurriculum. And to ensure law andorder, police forces and fast trackcourts should buck up.

Srikant Mallela,Hyderabad

I was taken aback to read about theremark made by no less a personthan the CBI chief. How could he beso insensitive on a burning issue?Did the protests in Delhi have noimpact?

K.A. Solaman,Alappuzha

The Little MasterSachin Tendulkar’s impendingretirement from cricket is heart-rending. The maestro must opencricket academies in areas wherethere is abundant cricketing talentbut which lack facilities. I am suresuch a move will see the emergenceof more Sachins in the days tocome.

S.Venkatesh,Noida

I remember an evening in 2010when I was strolling aroundnervously, listening to the radiocommentary on Sachin’s inningsagainst Australia in Hyderabad.The highest score by the rest of theIndian team added up to just 63after Sachin’s mammoth 175. InPakistan, in 2004, the secondhighest score after his 141 was amere 36. This is Sachin's magic,which can be only a dream now.

Thank you for being there,Sachin. Every good innings of yourshas inspired lakhs of people, withan M.S. Dhoni, a Virat Kohli and aBhuvanesh Kumar in them.

Finally, I want to say that youhave not just entertained us withyour bat but taught us a lot — to behumble, ethical and successful. Youhave taught us to bounce back.Finally, as you bid us farewell, youhave taught us to end things withelegance.

Surya Abhishek,Hyderabad

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

The talks in Geneva between Iran and the five

permanent members of the United Nations

Security Council plus Germany (the G6) be-

tween November 6 and 9 ended, unsurpris-

ingly, without a decisive outcome, but that is not a

major problem. The European Union’s High Repre-

sentative for Foreign Affairs and Security Policy, Cath-

erine Ashton, described the meeting as “intensive and

constructive”; Iranian Foreign Minister and delegation

leader Mohammad Javad Zarif concurred, calling the

discussions “very good” and citing the fact that they

went on late into the night of an unscheduled third day.

The parties will meet again in Geneva, for talks be-

tween senior diplomats, on November 20. The key

point for Iran is relief from western economic sanc-

tions, and the G6’s concerns have to do with Iran’s

work on a nuclear reactor at Arak, south-east of Teh-

ran, which could potentially produce weapons-grade

nuclear fuel, as well as the country’s existing stockpile

of enriched uranium. Yet the inconclusive Geneva out-

come stems mainly from disagreements among the G6.

France rejected what seemed to be a draft agreement

apparently devised by Iran and the U.S., saying it was a

fait accompli; the draft would have meant Tehran’s

delaying or temporarily ceasing work on its nuclear

programme, in return for removal of some sanctions.

The wider context, however, shows how far the west-

ern G6 members have still to go. President Barack

Obama can only offer to lift sanctions imposed by the

White House and not by Congress, which has been

unremittingly hostile towards Iran for decades. Sec-

ondly, the U.S. imposes sanctions on third countries

which trade with Iran; even India, which is exempted

from those, has cut imports of Iranian oil by 23 per

cent, possibly under pressure from Washington. Third-

ly, France’s claim that the draft deal did not do enough

to restrict Iran’s nuclear programme is hollow. The

Arak reactor will take at least another year even to

complete, and Iran continues to deny any intention to

produce nuclear weapons.Tehran appears ready to de-

lay the Arak work as part of a deal, and Mr. Zarif was

magnanimous about differences within the G6. He re-

stated Iran’s willingness to reach an agreement, and

the positive attitude taken by President Hassan Rouha-

ni as he assumed office has made it harder for U.S.

hawks to keep demonising Iran. Moreover, the U.S.

public does not want to send troops to war again, and

even Congress would probably hesitate to alienate

them over that. The Geneva talks, therefore, is not only

a welcome development, but one which means all par-

ties concerned must do all they can to reach agreement.

The talks must go on

CARTOONSCAPE

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ND-ND

SATURDAY, NOVEMBER 16, 2013

10 THE HINDU SATURDAY, NOVEMBER 16, 2013

NOIDA/DELHI

EDITORIAL

When it is not seen as toothless, the Elec-

tion Commission of India is seen as over-

zealous and authoritarian. To be both

tough and fair, then, is the true challenge

for the EC. While chiding Congress vice president Ra-

hul Gandhi for making speeches that were “not in

consonance” with the letter and spirit of the Model

Code of Conduct, and serving notice to the Bharatiya

Janata Party’s prime ministerial candidate Narendra

Modi for his barbs about the election symbol of the

Congress, the hand, the EC seems to have been overly

conscious of this need to not only crack the whip

against politicians, but also seem even-handed be-

tween the ruling coalition and the main opposition

party in its monitoring of the elections and electioneer-

ing. The MCC not only prohibits speeches or state-

ments that tend to aggravate differences between

religious communities, but also bars criticism of other

political parties on the basis of unverified allegations.

While Mr. Gandhi fell foul of the MCC on both counts,

Mr. Modi faces mainly the charge of criticising a politi-

cal party beyond its policies and programmes and past

record and work. Although it does not have statutory

force, in the hands of a vigilant Election Commission

the MCC is a safeguard against political parties low-

ering the discourse to levels of pettiness and crassness.

Thus, in reprimanding Mr. Gandhi and serving notice

on Mr. Modi, the EC went strictly by the code, present-

ing itself early in the campaign as an alert arbiter

determined to keep the debate within reasonable

bounds.

But while political parties must be made to realise

the importance of a campaign that is reasoned and

illuminative, and not abusive and noisy, the truth is

that electioneering is impossible to monitor with any

level of efficacy. Certainly, the EC does not have the

manpower or the resources to keep tabs on the heat

and dust during the daily campaign at the level of

constituencies. The EC’s interventions, even now, are

on the basis of complaints from rival parties, and not

direct monitoring of the campaign. However, the ques-

tion to ask is whether the MCC, if implemented in

letter and in spirit to the last detail, would dampen

India’s lively and colourful electioneering and the ro-

bustness of democratic debate. The EC’s disciplinarian

approach is essential to make elections free and fair,

but the activism should not go to the extent of robbing

the election of all character. Surely, the EC can find a

way of being firm without being overbearing, and of

showing understanding without being lax. The EC and

its model code would only gain greater moral authority

in this process. The code is in no need of any change,

but sometimes a light touch would do.

For light-touchmonitoring

Now that the heat over PakistaniAdviser Sartaj Aziz’s visit to Delhihas died down, it is time to eval-uate whether it improved the pro-

spects for a renewed India-Pakistan peaceprocess, or set them back. If we go by themedia coverage and the Bharatiya JanataParty’s outcry, there is no hope. Readingbetween the lines, however, the signs areambiguous: indeed, they display positive at-tributes as well as negative ones.

High hopes

To briefly recap, India had high hopeswhen Nawaz Sharif won the elections in Pa-kistan. He had stated during the electioncampaign that peace with India was one ofhis top priorities. Unfortunately, despiteimaginative confidence-building measuressuch as the offer to transmit electricity fromIndian to Pakistani Punjab, Indian hopesreceded, as did the promised normalisationof trade through reciprocating the most-fa-voured nation status, partly due to backlashagainst them in Pakistan.

The first 10 months of this year witnessedan escalation of hostility between India andPakistan. In fact, the escalation began in therun-up to Pakistani elections, with HafizSaeed given a free hand to inflame senti-ments, and the founding of the Difa-e-Pakis-tan alliance of extremists. At the same time,we saw a sharp rise in infiltration attemptsacross the Line of Control, which has contin-ued and led to hundreds of ceasefire vio-lations as well as a resurgence of terroristattacks on security forces in Jammu andKashmir, one of them from across the In-ternational Border. Whether supported bythe Pakistani military or not, it was clear thatthe militant groups were pushing the enve-lope to see how far they could go with Pakis-tan’s new government.

These incidents led Prime Ministers Man-mohan Singh and Mr. Sharif to agree in NewYork that the Indian and Pakistani Direc-tors-General of Military Operations wouldmeet to identify improved mechanisms tomaintain the ceasefire and, by extension,prevent infiltration, which is a high priorityfor India.

An immediate media outcry that nothingcould come from the DGMO talks led to theirindefinite postponement and ultimatelybenefited militant groups, from whom eventhis weak spotlight was removed.

External Affairs Minister Salman Khur-

shid, and the Adviser, Mr. Aziz, have nowagain emphasised the importance of theDGMOs meeting. Let us hope that this timearound it will happen soon and the DGMOswill actually get a chance to fulfil the impor-tant mandate of the meeting, which is to stopviolence across the LoC and the Internation-al Border.

The general assumption in India, and tosome extent in Pakistan, is that a seriouspeace initiative can be made only after Indi-an elections in the spring-summer of 2014.Yet it is these intervening months that willbe a make-or-break period for peace-mak-ing. In the first year of the Pakistan People’sParty government, its leaders were willing totake bold initiatives for peace with India butwere deterred by the Mumbai attacks andstiff military opposition. For the rest of thePPP term, little happened by way of India-Pakistan peace-making, with a negative im-pact on Jammu and Kashmir, as the 2010youth uprisings and deaths indicated. Theevents of this year could be seen as similarattempts by spoilers to disrupt peace initia-tives; the danger is that we risk another fouryears of inaction.

Indications are that Pakistan is inchingtowards restarting the back channel onKashmir that was initiated during Mr. Sha-rif’s second term in 1998. At a recent Pug-wash conference in Islamabad, Mr. Azizreportedly assured participants that his gov-ernment would seriously consider theframework that was developed during theLambah-Aziz discussions of 2004-06 andthen put on the back-burner at PresidentPervez Musharraf’s request.

The framework offered maximum autono-my to all parts of the former princely state.The LoC would gradually become invisiblethrough free Kashmiri trade and movement.All parts of the former princely state wouldbe encouraged to undertake joint resourcedevelopment, and there would be phaseddemilitarisation (beginning with non-stateactors such as the militant groups). And In-dia and Pakistan would together monitor thesituation.

The PPP-led government that followed

pleaded ignorance of the back channel andthe framework that was developed there,largely because it had been misnamed “theMusharraf Formula” though it had emergedfrom an intra-Kashmiri dialogue. And it re-mained inactive for most of its tenure. If Mr.Sharif’s government picks up the discussionfrom where it left off, its gains will not havebeen lost and there could be tangible pro-gress on the Kashmir front. In this context,Mr. Aziz’s meetings with the Hurriyat andallied groups on the sidelines of the ASEMsummit in Delhi have come in for consid-erable media flak, but this could in fact con-tribute to restarting the back channel fromwhere it had left off. True, the Pakistaniembassy should have consulted the MEAbefore scheduling the meetings (I do notknow whether it did or did not). More impor-tantly, it should not have invited Asiya An-drabi of the Dukhtaran-e-Millat: she isavowedly against an India-Pakistan peaceprocess, and has repeatedly spoken outagainst the Kashmir-focussed CBMs. Giventhat her family in Pakistan has also beenallegedly involved in activities supportingterrorism, the invitation could only sendmixed messages within Pakistan andKashmir.

Role in peace-making

However, groups like the Mirwaiz-ledHurriyat and Yasin Malik’s JKLF have in thepast supported both the India-PakistanCBMs and the framework developed in theback channel. If they conveyed their desirefor the framework to be the base documentfor a renewed Kashmir peace process, thenthe meetings with Mr. Aziz will have beenuseful. The argument made by the BJP andpicked up by the media that these meetingsshould not have been allowed, is specious. Infact, the green light for such meetings wasgiven during Prime Minister Vajpayee’s ten-ure, as part of a policy of helping the Hurri-yat play a role in peace-making. The impactwas large — the Hurriyat was able to pushmilitant groups for an end to violence; in-deed, militancy gradually lost legitimacy inKashmir.

But for the Hurriyat to assume a role inthe peace process, it should talk to repre-sentatives of the Government of India,which it continues to hesitate over, perhapsfor fear of being shot (as was its last in-terlocutor, Fazl Haq Qureshi). And New Del-hi needs to have the same access todissidents in the Pakistan-held parts of theformer princely state, including Gilgit-Bal-tistan, as Pakistani leaders have to dissidentsin Jammu and Kashmir.

PPP strategy

Kashmir is only one piece of the puzzlethat besets India-Pakistan relations. Coun-ter-terrorism and trade are two other pri-orities to emerge over the 15-year effort atpeace-making by Indian and Pakistani lead-ers. At the beginning of Mr. Sharif’s thirdterm, it looked as if the three could be linkedand would provide the ballast to sustain ne-gotiations through the hard times that wereinevitable. The PPP government’s strategy,after its first-year setbacks, was to buildtrade as a ballast and then progress to nego-tiations on what it considered “doables”,such as Siachen and Sir Creek. Trade didprogress considerably, with new infrastruc-ture being developed at Wagah (better on theIndian than the Pakistani side).

What the PPP government failed to seewas that progress against terrorism has be-come the test of good faith in India, whetherin the government or among the public. Thestalled Mumbai trials are a constant remind-er that Pakistan is unwilling to act againstanti-India militancy; and the trebling of in-filtration attempts this year lends credenceto this belief. For our part, we fail to see thatit is difficult to find judges or public prosecu-tors for the Mumbai trials, since a prosecu-tor was killed and judges regularly seektransfer out of fear. Pakistan today is in a farworse situation as far as militancy is con-cerned than it was 10 or even seven yearsago. This does not mean India tolerates theviolence; rather, we need to build our owndefences. A workable strategy would be totake concerted action nationally and multi-laterally against terrorism; negotiate bilater-ally on Jammu and Kashmir; and build tradeunder the radar, if necessary, as happenedduring the PPP period.

But no strategy will succeed unless sup-ported by the military in Pakistan and theOpposition in India. Lacking access to theformer, I cannot analyse the potential forchange; but as far as the latter is concerned,the BJP’s approach appears to be: wait untilwe come to power and then we will allowprogress. That is surely morally unaccept-able: no party should hold a peace processhostage until its turn at power.

Indeed, Mr. Vajpayee’s peace initiativesgained traction because the Congress sup-ported them (it had originally opposed thembut decided, at Dr. Singh’s intervention, tosupport them in the national interest). TheBJP’s position is also practically untenable:by mid-2014 Pakistan’s attention will be fo-cussed on the new government in Afghan-istan, where its stakes are much higher, andthe space to achieve a feasible and result-oriented India-Pakistan peace process willbe severely curtailed.

Finally, India’s electronic media do notappear to take their own influence seriously.Endlessly repetitive talk shows of naysayerspooh-poohing every peace initiative our gov-ernment takes have created a deep publicscepticism in peace-making. Given howmany spoilers there are who want to preventpeace, public support is essential for anyleadership to persevere. The media couldplay a critical role in anchoring the constitu-ency for peace, instead of strengthening thespoiler lobby. I cannot think of a single talkshow in 10 years that has discussed what aserious India-Pakistan peace process couldconsist of, issue by issue and action by ac-tion, taking the very real frailties of ourcountry and Pakistan into account. How re-freshing would that be!

(Radha Kumar is Director-General of theDelhi Policy Group. The views publishedhere are her own.)

Renewing an India-Pakistan peace process?Radha Kumar A workable strategy would be to act

nationally and multilaterally againstterrorism; negotiate bilaterally on Kashmir;and build trade under the radar

On accountabilityThe article “A question ofaccountability” (Nov. 15) hasanalysed well the Supreme Court’sverdict on the civil service. Nodoubt, a fixed tenure will prove tobe better for a civil servant, butwhether it will succeed in cleansingthe deep-rooted culture of the pre-Independence era is debatable.

Political leaders are madescapegoats for all the ills in thecountry. They appear to be thecause of all problems because theyare accessible to people. They arean easy target. Since they have towin elections, they use their cloutto influence bureaucrats to gettheir due or undue wishes fulfilled.On the other hand, civil servantshardly come in contact with thecommon man. The frustrated poorhave to go to their representativesto get their work done. Only whencivil servants start connecting withthe general public and win theirconfidence, democracy will thrivein the true sense.

Anand Ji Jha,Delhi

Both collision and collusionbetween the political executive andthe bureaucracy will lead toorganisational imbalance anddeficiency in governance. The needof the hour is an administrativecadre that is committed to nationalobjectives and responsive to socialneeds. A committed bureaucracyshould stand for a non-partisan,sensitive civil service which canempathise with the politician whois genuinely interested in

development. A people-friendlyattitude should replace the feudal,indifferent attitude prevalent inthe bureaucracy.

K. Rachna Raj,Hyderabad

What divide?Jawaharlal Nehru and SardarVallabhbhai Patel were two pillarsof the national movement led byMahatma Gandhi (Nov. 14).Though it is a fact that they hadideological differences, they werenot antagonistic towards eachother. An extract from thebiography, Patel, a Life byRajmohan Gandhi is quiterevealing: “The doctors decidedthat he [Patel] should move toBombay’s mild weather. The nightbefore his departure Jawaharlalcalled by and said to Vallabhabai:“Look, we have to have a frank talk.But you are not to worry. You haveto take care of yourself and get wellsoon.” Earlier that day, Patel hadsaid to Gadgil: “I am not going tolive. Make me a promise.” WhenGadgil said yes, the Sardar took hisfriend’s hand in his and continued:“Whatever your differences withPanditji, do not leave him.”

K.C. Kalkura,Kurnool

Today, neither the Congress northe BJP can claim the legacy of thelegendary leaders of the freedommovement as both parties havedeviated from the path of theseprecursors. Yet, they are trying towhip up passions. The fact thatIndia lags behind a number ofAfrican countries, as shown in the

latest edition of the HumanDevelopment Report, is ampletestimony to this. In trying to coverup their abject failure, the partiesare now engaged in a pointlessslugfest.

S. Viswanathan Nair,Thiruvananthapuram

Of late, pointless comments beingmade by some “tall” politicalleaders regarding India’s firstleadership have left many of usbewildered. No vital decision inhistory is free from criticism. It isthe unselfish attitude and devotionof our freedom fighters that shouldbe brought to light, nothypothetical factors.

A.K.C. Kennedy,Visakhapatnam

Safe passageOn the last leg of his nine-day visitto India, Prince Charles (Nov. 14),while in Kerala, is reported to haveevinced interest in man-elephantconflicts. Conservationists repliedthat it is man who has beentrespassing on elephant habitatand not the other way round.Which brings me to the subject —the alarming increase in elephantdeaths in the forests of WestBengal due to the Railways’indifference (“FIR againstRailways for elephant deaths,”Nov. 15). It was not very long agothat there were similar accidents inthe south. The reason is that thecore message of conservation hasnot percolated to the level ofrunning staff. Second, rail tracks inforest areas must be raised. Third,the Railways must identify

portions of land to raise tree cover. A.V. Narayanan,

Tiruchi

In the U.S and Europe, there arepassages called wildlife crossings.These include underpass tunnels,viaducts, overpasses and bridges,amphibian tunnels, fish ladders,culverts and green roofs. Wildlifepassages are significant as theyallow re-connections betweenhabitats. Further, they avoidcollisions of vehicles/trains withanimals. Around 600 tunnels havebeen dug in the Netherlands tohelp the endangered EuropeanBadger. The Banff National Park inAlberta, Canada, has 24 wildlifecrossings to help many speciesmigrate, while Germany has builtunderpasses to help frogs. Ratherthan scoff at the suggestion, Indiamust consider the idea of havingpassages for the mobility of wildelephants and other species in theWestern Ghats and in West Bengal.

Madan Menon Thottasseri,Chennai

Thank you, SachinOn his last day on the field, theLittle Master provided wholesomeentertainment to the thousandswho thronged Wankhede. His wasan immaculately played innings.While a century in the last Test isnot important, it is the flawlessmanner in which he got the 74 runsthat was the hallmark. The greatestaspect of his glittering career is theamazing fact that there has been nocontroversy on and off the field.While Sachin has expressed theview that it is difficult to imagine a

life without playing cricket, it ishard to imagine a game of cricketwithout his towering presence.

J. Anantha Padmanabhan,Srirangam

I am neither a diehard SachinTendulkar fan nor an intensefollower of cricket. But all of asudden, I felt sad when I read aboutthe Master’s last match. Millionshave been immensely inspired byhis humility, courage and power.

Prashant Katiyar,Ghaziabad

The story of Sachin RameshTendulkar is also about an issue inIndia — of many living their ownunrealised dreams and desiresthrough their children. Withoutbecoming aware of the natural flairand inclination their child has,parents push him or her into doingthings they don’t want to whileexpecting returns like investing inthe stock market. Fortunately forus, Tendulkar’s brother, and laterhis coach, spotted and nurtured hisunique talent at the right time.

T.S. Karthik,Chennai

Curbing smokingThe report on e-cigarettes (Nov.13)was a revelation. Though a way outfor smokers, they can still causenicotine addiction. It is ironic thatwhile little research seems to havebeen done on e-cigarettes beforetheir market release, millions arebeing spent on developing drugs tocure cancer.

Aurovind Acharya,Chennai

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

The long-awaited policy framework for foreign

banks to operate more freely in India was

released by the Reserve Bank of India recent-

ly. At the core of the new policy is the pre-

ferred organisational structure for them. They will be

encouraged to opt for the wholly owned subsidiary

(WOS) model and be incorporated in India. In return,

the WOS is promised near national treatment — being

able to open branches anywhere on a par with Indian

banks and participate in the development of the Indian

financial sector. Foreign banks that have been oper-

ating branches in India for long are encouraged to

switch to the WOS model. The principle of reciprocity

will guide the RBI. A minimum capital of Rs.500 crore

has been fixed for each wholly owned subsidiary of a

foreign bank. For the RBI, regulation of foreign banks,

especially from the perspective of financial stability,

will become easier. To forestall the possibility of for-

eign banks dominating the Indian financial sector, cer-

tain restrictions are being placed if they grow above a

certain size, They will adopt corporate governance

norms, which are generally in line with what are appli-

cable to the Indian corporate sector, except that there

will be a compulsion to appoint Indian nationals on

their boards of directors up to a certain proportion. The

WOS will have to meet the priority sector lending

requirement of 40 per cent on a par with domestic

banks.

The government and the RBI envisage a productive

role for foreign banks in India subject to their following

certain prescribed norms. It is no coincidence that the

RBI has stipulated similar requirements, such as in

capital adequacy, for the new private banks that are to

be licensed shortly. However, while the imminent en-

try of new banks, especially those promoted by large

corporate houses, has been highly controversial, the

expansion of foreign banks’ footprint in the country is

likely to be more subdued. After the road map was

unveiled, leading banks of the world are adopting a

wait-and-watch attitude. A few of the big ones who

have had branches in the country for more than 100

years are reportedly reluctant to convert to the WOS

model given all the restructuring it entails. That is not

surprising, given that the ethos of the foreign banks

was not oriented towards activities such as lending to

small and medium enterprises and agriculture. Over

their long years in India most of them have grown at a

snail’s pace. Regulatory restrictions have often been

given out as the excuse. Finally, as with new private

banks, expectations from the foreign banks — in the

evolution of India’s financial sector and in financial

inclusion — are highly exaggerated.

A road map for foreign banks

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MONDAY, NOVEMBER 18, 2013

8 THE HINDU MONDAY, NOVEMBER 18, 2013

BANGALORE

EDITORIAL

It was only as recently as December 2012 that the

Commonwealth framed a Charter to bring to-

gether and reaffirm all that it stands for in a

changing world. It contains an unequivocal re-

commitment to human rights, democracy, good gov-

ernance, rule of law and freedom of expression among

others as ‘the core values and principles’ of this group

of nations. It is thus not extraordinary that CHOGM

2013 in Sri Lanka should have been upstaged almost

entirely by allegations of grave human rights violations

committed by the Sri Lankan military against Tamil

civilians in 2009 during the last battles against the

LTTE. That the Colombo Declaration focussed on fos-

tering sustainable, inclusive and equitable develop-

ment in Commonwealth nations and kept away from

all mention of human rights — the final communiqué

too contained no adverse mention of Sri Lanka — can

only be small consolation to the host. The Rajapaksa

government had hoped that the summit would help in

restoring its international credibility. Exactly the op-

posite has happened. There is a harsher spotlight on

the country’s rights record, new allegations have been

levelled even while old ones refuse to go away. Col-

ombo’s troubles can only be partly blamed on the

domestic politics in countries where this edition of

CHOGM was vociferously opposed, prompting some

heads of government to stay away, including Prime

Minister Manmohan Singh. There would have been

little space for such opposition if only Sri Lanka had

moved quickly to implement the recommendations of

its Lessons Learnt and Reconciliation Commission.

This year’s CHOGM cruelly showed up New Delhi’s

inadequacies in dealing with an important neighbour,

hostage as Sri Lanka policy has become to the short-

sighted vision of Tamil Nadu’s political parties. Man-

mohan Singh’s decision not to attend the summit has

brought no political or diplomatic advantage. By com-

parison, British Prime Minister David Cameron

showed far more nous. He silenced political opposition

to his participation by using the occasion to publicly

criticise Sri Lanka’s rights record, issuing an ultima-

tum to President Rajapaksa to institute by March a

credible inquiry into allegations of rights violations.

How useful such ultimatums are as a diplomatic strate-

gy is questionable going by the Sri Lankan leader’s

defiant stance, but the British Prime Minister achieved

his stated aim of “focus[ing] the eyes of the world on Sri

Lanka”. He also did what the Indian Prime Minister

should have done — visited Jaffna, connecting with the

Tamil people and their problems first-hand. New Delhi

will face its next Sri Lanka test in March 2014 at the

U.N. Human Rights Council, but its timing right before

the elections means it may blunder through again.

Commonwealthgames

By all accounts, no dramatic devel-opments are to be expected fromthe 19th edition of the Conferenceof Parties (COP) of the United Na-

tions Framework Convention on ClimateChange (UNFCCC) that started in Warsawlast week. But it is generally acknowledgedthat the key issue at Warsaw, even if thereare many other significant subjects on theagenda, centres around moving forward thenegotiations on the Durban Platform for En-hanced Action (DPA) initiated at COP 17 twoyears ago.

It is widely understood that the DurbanPlatform was a game-changer, setting thestage for decisive climate action based onclear commitments to emissions reductionfrom all nations. Subsequently, the discus-sions in the Ad-Hoc Working Group on theDurban Platform (ADP) have resulted in de-manding timeline for achieving its aims, in-cluding a draft text to be produced by theCOP in 2014, a global meeting of heads ofstates of all nations to be convened by theUnited Nations Secretary General to pushforward such an agreement, and a finalagreement to be reached by COP 21 in 2015.

While it is not a foregone conclusion thatthe DPA will achieve its stated goals by 2015,there are now additional factors conduciveto reaching a global agreement. Even if noindividual extreme climate event can be at-tributed exclusively to increased globalwarming, increasing awareness of the im-pact of climate-driven disasters, such as Ty-phoon Haiyan and the Uttarakhand flashfloods, is contributing to a global recognitionof the urgency of a climate deal, among gov-ernments as well as civil society. Significant-ly, the release of the Fifth AssessmentReport (AR5) of the Intergovernmental Pan-el on Climate Change (IPCC) over the nextseveral months, culminating in the release ofthe final synthesis report of all its findingsnext year, will add to the sense of urgency.

At the UNFCCC, the European Union hasbeen the most active in pushing forward theagenda of the Durban Platform, laying out inincreasing detail the framework and broadoutlines of its content and a methodology forsecuring commitments that would ensure aneffective treaty. It has been joined in thiseffort by many African nations, especiallySouth Africa, and have the strong support ofthe island-states of the world — support thatwas vociferously expressed at Durban in2011. The United States has pursued a two-track policy with respect to the DPA. On theone hand, the U.S. insists that it would un-dertake only such emissions reductions as itdeems feasible, a strategy that is referred toas the “bottom up” approach in the globalclimate discourse. On the other hand, it hasnot hesitated to support the EuropeanUnion, the Africa Group and the Alliance ofSmall Island States (AOSIS) in their effortsto have a binding climate agreement withassigned commitments to all nations, espe-cially when such commitments are to beimposed on China and India.

India’s interests

Where do India’s interests lie in the mat-ter of a global climate agreement? There canbe no doubt that India needs an early climateagreement, for two reasons. On the onehand, there is increasing evidence that un-checked global warming would lead to in-creasingly severe effects in several sectors,especially agriculture and water, apart fromthe increased frequency of extreme climate

events. The enhanced climate variabilitythat accompanies global warming will haveserious impacts on Indian farmers, the bulkof whom are small-holders who even todaysuffer the consequences of weather and cli-mate shocks, before the effects of globalwarming have risen to more alarming levels.An early climate agreement with the poten-tial to restrict global average temperaturerise to at least 2 degrees Centigrade, if notlower, is certainly a necessity. An early andeffective limit on greenhouse gas emissionswill also contribute to lowering the need, andassociated costs, for climate change adapta-tion, which otherwise could be considerable.

At the same time, India needs adequateatmospheric “space” in terms of allowed car-bon emissions to pursue its development.Even in a highly optimistic scenario in whichrenewable energy rapidly takes up the bulkof the requirements for sectors such as do-mestic lighting and heating, agriculture, andall energy needs of small-scale establish-ments, India will still need fossil fuels for aconsiderable time until reliable sources ofclean energy become available for large-scale use in the expansion of industry, trans-portation and the like, all of which are need-ed for development. Even infrastructureneeds for adaptation will require suchemissions.

The IPCC’s AR5 report has brought to thecentre-stage of discussion the notion of aglobal carbon budget, referring to the cumu-lative carbon dioxide emissions into the at-mosphere, from the beginning of the

industrial era till the end of the 21st century,that are permissible, if the global temper-ature rise is to be kept below 2 degrees C. Fora 66 per cent probability of keeping the risein global average temperature below thislimit, the world is allowed approximately1000 billion tonnes of carbon emissions(taking account solely of carbon dioxide).But the nub of the issue is the equitabledistribution of this space. In per capitaterms, or indeed by several other measuresof equitable distribution as well, the devel-oped countries have already substantiallyexceeded their fair share of this global bud-get. As a consequence, a large number ofdeveloping countries, including China butespecially India, will have to make do withless than their fair share of the global carbonspace as their national carbon budgets forthe future, if indeed global warming has to bekept in check.

‘Top-down’ agreement

To maximise the developing countries’ ac-cess to the global carbon budget, an early“top-down” agreement to impose con-straints on the developed nations’ consump-tion of carbon “space” in the atmosphere isan obvious necessity. Even more obviously,an approach based on “voluntary” commit-ments to emissions reduction by developedand developing countries would not addressIndia’s needs.

In view of these considerations, it is sur-prising that New Delhi’s guidelines for itsWarsaw delegation should set aside India’slong-standing commitment to treating theatmosphere as a global commons, to beshared equitably by all nations, and insteadback the “voluntary commitments” ap-proach. Predictably, even before this ap-proach has been articulated, it has run intorough weather. The EU is of course fullyaware of the global carbon budget and hencedemands that the gap between the sum of allvoluntary commitments and the allowedglobal budget has to made up by furtheremissions reductions that all nations have toagree to. This demand, as well as India’sresponse that the gap must be made up bythe developed nations based on historicalresponsibility for emissions, brings us backto what is indeed a “top-down” approach.

At the heart of the Government of India’scurrent confusion lies its unwillingness toacknowledge that in an eventual globalagreement, all countries have to shouldersome part of the burden, even while any suchburden-sharing must be based on equity andclimate justice in accordance with the prin-ciple of common but differentiated respon-sibilities. New Delhi’s view currently is thatdeveloping countries will have no bindingcommitments whatsoever even into the fu-ture, a view that will increasingly isolateIndia from even others in the ranks of theG-77. The inadequacy of official India’s un-happy approach is brought out by the factthat it has allowed the term “equity refer-ence framework” in the context of the ADPnegotiations to be hijacked by other nations,including nations of the African Group aswell as the EU. India and its like-mindedfriends are left in the unenviable position ofopposing this term, claiming that developingnations will never undertake any bindingcommitment.

For too long, India’s official climate policyhas portrayed the absence of a proactivestance on a climate agreement as a strategyto protect the country’s interests. Climatescience as well as good climate politics de-mand that India shift to making clear to theworld its commitment, in concrete terms,both to securing its developmental future aswell as preserving the global environment.

(Dr. T. Jayaraman is Dean of the School ofHabitat Studies at the Tata Institute of So-cial Sciences in Mumbai)

India and climate talks imperativesT. Jayaraman India needs an early agreement, and also

adequate atmospheric “space” in terms ofallowed carbon emissions to pursue itsdevelopment goals. It needs to take aproactive stance on this

Bharat RatnaAfter a career of 24 years as acricketer, the god of cricket haseventually got the ultimatehonour, the Bharat Ratna. It isgreat news that Sachin RameshTendulkar’s sparkling career hasended on a very high note. Dr.C.N.R. Rao also deserves ourcompliments on winning thehighest civilian award.

M. Rahul Reddy,Anantapur

Sachin bid goodbye to cricket instyle. He has been a source ofinspiration to youngsters, and arole model to the current crop ofcricket players. His final speechwas memorable. His soundtechnique with the bat, deepconcentration on the field andunfailing attitude made him acricketer for all generations. Hetruly deserves the Bharat Ratna.

C.K.S. Maniam & Jayanthi Maniam,

Mumbai

The government deserves to becomplimented on its finest gestureof conferring the Bharat Ratna onSachin, one of the finest sons ofIndia. He stood tall even when thegame of cricket was beingtarnished through match-fixingand betting. The fact that he scoredmost of his runs abroad in testingconditions is a reflection of hisenormous talent.

Balasubramaniam Pavani,Secunderabad

The Bharat Ratna is a perfect send-off present to Sachin, whoseillustrious career spanned 24years, making him an inspirationfor an entire generation ofcricketers. There have beendemands for a long time that he beconferred the honour. It was the

nation’s overwhelming demandthat the government confer theBharat Ratna on Sachin.

Ettirankandath Krishnadas,Palakkad

If excellence in sports can be acriterion in awarding the BharatRatna, what about giving itposthumously to the hockeywizard, Dhyan Chand, as well?

G.N. Gokulaprabukumar,Gobichettipalayam

While I congratulate ProfessorC.N.R. Rao and Sachin Tendulkarfor being awarded the BharatRatna, it is disappointing to see thesocial media almost neglectingProfessor Rao and hisachievements. There seemed to bemore tweets, comments, likes andshares for Tendulkar. We do needto be a little more balanced.

K.B. Dessai,Margao

Congratulations to Tendulkar andProfessor Rao. The governmentshould similarly recognise otherlegendary sportsmen andscientists. One can think of DhyanChand, Ramanathan Krishnan andViswanathan Anand in sports, andSatyendra Nath Bose, G.N.Ramachandran, SrinivasaRamanujan and YellapragadaSubbarao in the field of science.

S.S. Vasan,Porton Down, U.K.

While acknowledging that Sachindeserves wholesome praise, thisstill raises the important issue ofcricket and cricket players gettingunwarranted attention in Indiaand overshadowing other sports.Following Professor C.N.R. Rao’srecognition, the media can play akey role in fostering flagginginterest in science by regularlypublishing inspiring and

interesting stories from the lives ofgreat scientists.

Akshat Agarwal,Haldwani

End of an eraWhen Sachin Tendulkar retiredfrom cricket on Saturday, I toobecame emotional, like many of myfellow-countrymen. The cricketinglegend should be thanked forteaching us a lot. His commitmentto the game was complete — fromthe day he entered the Indian teamtill the day he left. With successcame humility. By thanking allthose who were responsible for hissuccess, Sachin demonstrated toyoungsters the need to rememberthose who are part of their growth.

Like many others, Sachin alsosuffered a few bad patches, but hetook all criticism in his stride andallowed his bat to speak. He is sopopular, but so simple. I hope otherIndians will imbibe a few of hisqualities.

K.I. Shariff,Hyderabad

Sachin’s achievements are aninspiration to millions of people.His retirement brought tears toeveryone’s eyes, from spectators tocricket-lovers sitting glued to theirtelevision sets. It was the momentwhen everyone transcendeddiversity and lauded the cricketmaestro. His departure marks theend of an extravagant era incricket.

Paridhi Gupta,Kanpur

Sachin has numerous cricketingrecords to his credit. Yet he issimple and humble. He pouredtonnes and tonnes of love andaffection on his family, friends andmentors during his farewell speechchoked with emotion. We were

moved when he touched the pitchand walked off slowly, hiding hisuncontrollable tears.

K. Natarajan,Thiruvananthapuram

I am not a keen follower of cricket.But seeing Sachin bid adieu was anemotional experience. I may notremember his scores or records,but I will remember him as a greathuman being. The whole nationwill miss his presence on the field.

Sreerag Godasarman,Palakkad

Cameron on Sri LankaThe absence of Prime MinisterManmohan Singh at CHOGM wasnothing but an ill-adviseddiplomatic blunder caused byparochial political posturing. It israrely that Sri Lankan Tamils areallowed to meet a foreign dignitary.Finally, it was left to the BritishPrime Minister to do what theIndian Prime Minister should havedone — visit Jaffna and lend apatient ear to the Tamilpopulation.

T.K.S. Thathachari,Bangalore

It was a master stroke on the partof Mr. Cameron to visit Jaffna andsee first hand the life of the Tamilpeople.

One also hopes that the mediaare balanced in presenting thesituation there. The facts mustspeak for themselves.

T. Anand Raj,Chennai

This refers to the report,“Rajapaksa rejects Cameron’sultimatum for inquiry” (Nov.17).Sri Lankan President Rajpaksa hasrightly rejected the British PrimeMinister’s ultimatum as itconstitutes interference in the

internal affairs of a country. Everycountry has its own culture,governance and the law of the landto follow and to look into allegedrights violations.

Will Mr. Cameron be equallyproactive when it comes to lookinginto rights violations in other partsof the world?

J.P. Reddy,Nalgonda

ShockingThe news that seven persons diedafter the Volvo bus they weretravelling in hit a median and burstinto flames near Haveri, Karnataka(Nov. 15) was shocking. That theaccident occurred within 15 days ofa similar accident in AndhraPradesh is indeed unfortunate. Thecommon features in both instanceswere high speed and non-functioning emergency exits.

As a frequent traveller in Volvobuses, I have noticed that the glasson the emergency exit windows istoo thick and cannot be brokeneasily during an emergency. Theinstructions on how to use themare usually ambiguous. Very often,commuters are unable tounderstand the mechanism ofbreaking open the window.

Ganapathi Bhat,Akola

India’s hi-tech era was introducedby waves of globalisation andwelcomed by policymakers. We usehi-tech drugs, machinery, food andwhat not. But in developedcountries, technology is used withgreat care, precision, honesty, andefficiency.

On the other hand, we exploittechnology to make money,throwing all norms of precisionand rules to the winds.

A. Obi Reddy,Tirupati

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

The Madhya Pradesh High Court’s directive to

change the title of Sanjay Leela Bhansali’s

movie Ram Leela, is only the latest setback to

artistic and creative expression in India. The

High Court’s order underlines the urgent need to re-

consider the film certification process, and indeed, the

archaic Cinematograph Act of 1952. Mr. Bhansali’s

offering was cleared by the Central Board of Film

Certification, a statutory body entrusted with vetting

all aspects of a movie, including its title. If a High Court

judge could overrule the CBFC in response to a petition

that claimed the title Ram Leela offended religious

sentiments, the Board’s mandate is in serious jeopardy.

Presumably, neither the judge nor the petitioners had a

chance to evaluate the movie ahead of its release. The

Madhya Pradesh High Court could have simply issued

notice to the movie’s producers while refusing to com-

ment on the petition’s merits, as the Bombay High

Court had done. The Delhi High Court had gone fur-

ther, imposing a fine on an NGO that preferred a simi-

lar, vexatious complaint against the movie. The

Madhya Pradesh High Court’s order has opened the

door for mischievous attempts to curb free speech and

rendered the movie vulnerable to attacks elsewhere.

Ram Leela may not have met the fate of movies like

Vishwaroopam and Madras Café, banned altogether by

the Tamil Nadu government. But in all three cases,

film-makers were in no position to contest any vio-

lation of their freedoms. The exigency of ensuring a

timely release in a competitive market has left them at

the mercy of fringe elements who twist the law to meet

their ends. Those aggrieved by the CBFC’s decision to

clear the title Ram Leela could well have approached

the Film Certification Appellate Tribunal. The ratio-

nale behind a dedicated certification process is laid to

waste if producers are not offered an opportunity to

present their case. Summary decisions by courts, as

with that issued by the Madhya Pradesh High Court,

often come at the cost of due process. The Justice

Mukul Mudgal Committee, constituted to formulate a

model Cinematograph Act, had recommended that the

FCAT’s scope be enlarged so as to make it the primary

venue for such litigation. The draft Bill mooted by the

Committee suggests that movies be evaluated in the

“context […] and people to which the film relates.”

Whether Ram Leela slights the traditional enactment

of the Ramayana or is merely a reference to the movie’s

protagonists is best decided by the FCAT. Lawmakers

must take up the Mudgal Committee's recommenda-

tions in earnest to avoid such scenarios as the one

created by the Madhya Pradesh High Court’s order.

Challenge toartistic expression

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TUESDAY, NOVEMBER 19, 2013

12 THE HINDU TUESDAY, NOVEMBER 19, 2013

BANGALORE

EDITORIAL

Sachin Tendulkar is not the first of India’s sport-

ing heroes: there were several before him, and

even some after 1989, the year he made his

international debut. That he became a non-

pareil sporting icon is not only due to his feats on the

cricket field, which were without doubt many, but also

because of the times he lived in. Tendulkar’s rise as an

unprecedented nationwide hero-phenomenon coinci-

ded with India’s growth into a major economy, a period

when the country’s rapidly growing middle class fol-

lowed the game on television and drew in advertisers

and sponsors. The master-blaster gave ordinary Indi-

ans a chance to think of themselves as world-beaters,

even if not in a truly global sport. For them, Tendulkar

filled a void larger than the hole in the Indian team’s

middle-order. For a generation starved of heroes, and

short on confidence, he served as a source of inspira-

tion and motivation. Even when Indian cricket got

mired in charges of fixing and bribery, Tendulkar was

left untouched. And in the eyes of his fans, he could do

no wrong, whether on or off the field. The extraordin-

ary outpouring of emotions at his farewell match on his

home ground in Mumbai was thus not unexpected.

Indian cricket is now on a high, and he might not leave

as big a hole as the one he filled 24 years ago, but for

India’s cricket fans the game would not be the same

anymore.

Given his popularity and iconic status, the Central

government obviously did not want to lose even a day

in honouring him with the Bharat Ratna. For some

years now, the cricketer’s fans in high places have been

quite vocal in demanding a Bharat Ratna for him. In-

deed, the rules governing eligibility for the highest

civilian award were modified two years ago apparently

to keep the doors open for Tendulkar to receive the

honour on his retirement. As per the revised criteria, it

can be awarded for exceptional performance in any

field of human endeavour. After having nominated him

to Parliament last year, there was little doubt that the

Congress-led government would take the first opportu-

nity to honour him. And that opportunity came the day

the Mumbai Test, Tendulkar’s 200th, ended. To be

conferred the award is one thing; to force a change in

the eligibility criteria for the award is quite another. It

was almost as if the award would lose some of its sheen

if Tendulkar were not among the recipients. At 40, the

cricket icon is the youngest ever to receive the award.

Unlike many others who have received the honour in

the last six decades, he did not have to wait for the

award; the award waited for him. The honour was

India’s, as much as Tendulkar’s.

An Indian honour

When Prime Minister Manmo-han Singh met Pakistan PrimeMinister Nawaz Sharif in NewYork in September, they

agreed to “find effective means to restore theceasefire” in Kashmir. To this end, the Direc-tors-General of Military Operations on bothsides were asked to set up meetings betweenthemselves to find ways to maintain “peaceand tranquillity” on the Line of Control.

Ten years of ceasefire

Despite the instruction, the two DGMOshave not been able to schedule a meeting. Itis not clear what the stumbling block is, butwhen Minister for External Affairs SalmanKhurshid and Sartaj Aziz, foreign policy ad-visor to the Pakistan Prime Minister, met inNew Delhi recently, they had to reiteratethat instruction. The Line of Control hasremained peaceful since the third week ofOctober but no one knows for how long itwill remain so. Instead of marking 10 years ofthe ceasefire, a significant achievement inIndia-Pakistan relations, with a celebration,all there is to the anniversary is dreadedanticipation of the next violation.

The ceasefire came into existence on No-vember 26, 2003, after a unilateral announ-cement by Pakistan which Indiareciprocated, amid a flurry of other moves tonormalise relations two years after the ter-rorist attack on Parliament House. Therewas no written agreement. After two decadesof near-daily artillery fire exchanges, theguns just fell silent on the 740-km LoC andthe AGPL on that Eid day a decade ago.

Soon after, India resumed building a fenceon the LoC, a project it had begun muchearlier but had to stop because of the artil-lery firing. Though Pakistan had earlier pro-

tested and criticised the construction, itallowed it to go on, and the 550-km fence wascompleted in 2004.

Only in August 2005 were some terms ofthe ceasefire spelt out in a joint statementafter officials from both sides met for talkson Conventional Confidence Building Mea-sures. The statement reaffirmed the com-mitment to uphold the ceasefire. Both sidesagreed to upgrade the then existing hotlinebetween the two DGMOs by the end of Sep-tember that year, and hold monthly flagmeetings between local commanders in des-ignated sectors. Most importantly, theyagreed not to develop any new posts anddefence works along the LoC.

The arrangement worked well until 2008,the same year a democratically elected gov-ernment took charge of Pakistan. From Ja-nuary that year to March 2009, there were,according to the annual report of India’sMinistry of Defence, 87 firing incidents onthe LoC, of which 51 were ceasefire viola-tions by Pakistan. Subsequent annual re-ports record only ceasefire violations byPakistan: 33 in 2009 rising to 57 in 2010; and61 in 2011. In 2012, the number spiked to 108.This year opened with the killing of twoIndian soldiers at the LoC, one of whom wasbeheaded. In August, five Indian soldierswere ambushed. Both incidents effectivelymuddied the waters for a peace process that

has been struggling to get started. Accordingto numbers from the Indian side, the vio-lations by Pakistan have topped 200 alreadythis year. Officials on the Indian side areclear that the incidents are linked to cross-border infiltration.

LoC & LAC

Compare this situation with that on theLine of Actual Control. No one disagrees thatthis border is under stress. Unlike the LoC,the LAC has not been demarcated. There areseveral areas where claim lines are over-lapping, so patrols encounter each other aseach side patrols up to its respective claim.

The 1986-87 faceoff in Wandung prompt-ed talks between the two sides leading to thefirst border agreement between India andChina in 1993, on the “maintenance of peaceand tranquillity along the line of actual con-trol in the India-China border.” That wasfollowed by another agreement on confi-dence-building measures between the twomilitaries in 1996. The expectation was thatthe two sides would at least be able to soondemarcate the LAC, but this did not happen,necessitating the Border Defence Co-oper-ation Agreement, which Prime MinisterManmohan Singh signed with Chinese Pre-mier Li Keqiang last month, that adds anoth-er layer of CBMs to the existing mechanisms.Meanwhile, both sides have designated Spe-

cial Representatives to find a resolution tothe boundary dispute.

The entire set of these agreements hasacted as a cushion for tensions along theLAC. Not very well, it could be argued, as theDepsang incident showed, but the undenia-ble fact is that until the faceoff earlier thisyear, there had been no such extreme sit-uations between the two militaries since1986; as for casualties, there have been nonefor more than four decades. The underlyingphilosophy of the institutional mechanismsfor India-China border co-operation seemsto be that it is impossible to guarantee therewill never be tricky moments between thetwo militaries at the LAC until the boundaryquestion is resolved; until then, the effortshould be to minimise such incidents and, ifthey do take place, to resolve such situationswithout resorting to firepower.

Formalise the arrangement

Falling as it does in a bad year for theceasefire on the LoC, its 10th anniversarymay be the right time for India and Pakistanto consider formalising their unwritten cea-sefire arrangement, with a layered set of bor-der co-operation mechanisms for the twomilitaries similar to those that exist for theLAC so that the two sides deal with incidentsrationally and with maturity.

Purists would argue that a formal ceasefirecomes into existence only after hostilities,orally or in writing, and that as India andPakistan were not at war in 2003, there wasno need to do anything more than just agreeto stop exchanging fire. However, as eventshave shown, that agreement has been vio-lated time and again since 2008, and thisyear, went far enough to prevent dialoguebetween the two countries. The weekly tele-phone calls between the DGMOs were suffi-cient when there were no incidents, but thishotline has proved inadequate at a time ofcrisis on the LoC.

It will also be argued that the India-Chinaborder management effort has worked wellbecause the nature of their relationship, andbetween the two militaries, is different fromthat between India and Pakistan; indeed,that in the case of Pakistan, it is the uniquecharacter of the Pakistan military and itsphilosophy of proxy war that presents aproblem, not just at the LoC, but for theentire gamut of India-Pakistan relations.

But if, as Prime Minister Singh and PrimeMinister Sharif agreed in New York — for thefirst time using a phrase that has only everbeen used in India-China relations — “peaceand tranquillity” along the border are a pre-requisite for moving ahead on the dialogueprocess, they should be doing everything tosecure that.

All said and done, written agreements arefar better for building stable relations be-tween countries. An agreement that includesCBMs similar to those in the 1996 India-China pact, with the January 2004 India-Pakistan joint statement (in which Pakistanagreed not to allow territory under its con-trol to be used for terrorist activities againstIndia) additionally written into it, couldhave an impact beyond the LoC.

The possibility that the two militarieswould oppose it, or that the Pakistan Armywill never answer to such an arrangement,are not good enough arguments against sucha move. In fact, they only prove the need forit. A formal agreement for peace and tran-quillity on the LoC, authored on the Pakista-ni side by a popularly elected government,may even help Prime Minister Sharif regainsome initiative on his India policy, and put acivilian stamp on it.

nirupama.s@thehindu.co.in

Drawing a line of peace & tranquillityNirupama Subramanian An agreement that includes CBMs similar

to those in the 1996 India-China pact, with the January 2004 India-Pakistan jointstatement additionally written into it, couldhave an impact beyond the Line of Control.

Well-deservedSachin Tendulkar more thandeserved the Bharat Ratna, andour thanks to the government forhonouring a sportsperson of suchgreat talent and unbeatableachievements. Sachin reachedHimalayan heights with his sheertalent and hard work. It is also afact that he remained humble. Hewill certainly be missed.

K. Vijayaraghavan,Hyderabad

The Bharat Ratna for Tendulkar isa fitting tribute to his contributionto cricket. His genial demeanour,humility and non-controversialnature, unaffected by fame andmoney, make him the most lovablepersona across sportingdisciplines in India.

Prabhu Raj,Chennai

The highest civilian award for Dr.C.N.R. Rao and Tendulkar is amoment of pride for all Indians. Itshows that there is alwaysrecognition for relentless hardwork and efforts to uplift society.Congratulations to both.

Barkha Tamrakar,Raipur

I have admired Sachin a lot, on andoff the cricket field. But noindividual is above the law of theland. The government should notchange the rules to accommodatean individual. Nominating Sachinto the Rajya Sabha and giving himthe country’s highest civilianaward will certainly give rise tomany questions.

Saggurthi Lakshman,Reddigudem

ExemplaryThis refers to the report “I amhumbled and honoured, saysTendulkar” (Nov.18). Besides allthe encomiums that he deservesfor his outstanding contributions

to cricket, he needs to becomplimented for his modesty anddevotion to the game. Sachin’s twoexcellent gestures at Wankhede —saluting the pitch and organisinghis final match in Mumbai so thathis family could see him play —were exemplary.

D. Rengarajan,Coimbatore

A 75-year-old woman and her 10-year-old grandson hog the TVwhen a Test match is on. They clapas Sachin walks on to the pitch,hold their breath when he races toavoid a run-out, and applaud as hestarts scoring. A six rates a stand-up yell and a century gets a jig.Thank you, Sachin, for forging abond between my grandson andme. We will miss you.

Prema K. Thomas,Peerumedu

The emotionally intense send-offfor Sachin is the right publicsentiment for the greatsportsperson India has produced.My only suggestion is that heshould continue to thrill us byensuring that there are betterforms of cricket more attractive towatch and that add significance.

K. Sankaran,Chennai

Catch them young is true for allsports, in general, and cricket, inparticular. Sachin was lucky to becoached by Ramakant Achrekar;groomed by his brother Ajit, hisfirst Test captain KrishnamachariSrikkanth and all captains andcoaches of the Indian Team. Hewas lucky that he was raised ingood family surroundings and hisrelatives helped him to come up inlife. The farewell speech of thegentleman-cricketer was moving.

R.S. Meenakshi,Mumbai

Whither science?Professor C.N.R. Rao’s anxiety that

India has not funded R&Dadequately is a matter for concern(“Funding for science grosslyinadequate, says C.N.R. Rao,” Nov.18). China is ahead of many nationsin science. In 2009, it overtookJapan to become the world’ssecond-largest investor in R&D.Last year, Prime MinisterManmohan Singh acknowledgedthat for the past few decadesIndia’s relative position in theworld of science has beendeclining and that we are beingovertaken by other Asiancountries.

N. Ramkumar,Chidambaram

Prof. Rao has hit the nail on thehead. The plain truth is that Indiahas still to find a place in the top-10ranks for excellence in science, beit in innovation or the publicationof research. His lament thatfunding for science was “marginal”at an average, just “20 per cent” ofwhat was needed for specificprojects, and that “it never comesin time,” are statements that meritserious thought. The major hurdlein the advancement of science isthe attitude of the bureaucracy.

Despite all these hurdles, Indiacan still be proud of itself as theChandrayaan and Mangalyaanspace missions reveal, and whichshow that our scientists still burnthe midnight oil, unmindful of anyhandicaps. Hence, it is time thegovernment allocated more fundsfor scientific research.

S. Nallasivan,Tirunelveli

Scientific advancement holds thekey to having an edge over othercountries and facing threats ofexternal aggression moreeffectively. Rather than give awaythe nation’s resources on populistschemes with an eye on returns in2014, administrators must nowthink in terms of ensuringadequate funds for the

advancement of science. If thegovernment enables a conducivescientific atmosphere for ourscientists, engineers and doctors,brain drain can be checked.

K.V. Seetharamaiah,Hassan

A more relevant issue of concernseems to be the absence of a cost-benefit analysis of the wholescientific research scenario.Somebody should explain how thecountless number of PhDs,postdoctoral fellowships and avariety of other academicrecognitions awarded to countlessIndians have improved the life ofthe common man, who puts greathopes on scientists. People aremore worried about solving theircore issues like drinking water,housing, health care and educationthrough science and technology.

P.R.V. Raja,Pandalam

It can be inferred from the ratherangry outburst of Professor Raothat the government is paying onlylip-service to fostering the growthof science. There must be seriousintrospection on how to sort outthe problems of the scientificcommunity.

Vijay D. Patil,Pune

“Want a boost in economy? Investin science,” said a recent New YorkTimes headline. Professor Rao’sresponse to the governmentawarding him the Bharat Ratnawas a lament that he “is unhappywith lack of funding for science.”As early as 1950, Albert Einsteinwarned, “The concentration ofeconomic power and politicalpower in [a] few hands has not onlymade the man of sciencedependent economically. It alsothreatens his independence fromwithin”. The scientist “... arousedby his inner freedom andindependent thinking and his

work” is in danger of forfeiting his“chance of enlightening andenriching the lives of his fellowhuman beings.”

India lacks the political will forscience communication. NobelLaureate Richard Feynman, one ofthe world’s greatest theoreticalphysicists, wasn’t joking when hewrote, “Before I was born, myfather told my mother, ‘If it’s a boy,he’s going to be a scientist’.” I mayadd: and not a doctor, engineer,software professional, army officeror a politician!

Col. C.V. Venugopalan(retd.),

Palakkad

On CHOGMThe editorial, “Commonwealthgames” (Nov.18), is timely. It iswell known that vociferousprotests by almost all politicalparties in Tamil Nadu,compounded by the compulsionsof coalition politics, led to PrimeMinister Manmohan Singh’sabsence at CHOGM. It is just aswell that British Prime MinisterDavid Cameron took theunprecedented step of visitingJaffna to gather first-handinformation on the magnitude ofhuman rights violations and set adeadline for action. How relevantit would have been if Dr. Singh haddone this job.

K.D. Viswanaathan,Coimbatore

One should congratulate Mr.Cameron on his positive role inJaffna. Besides being a source ofconsolation for the Tamilpopulation, it showed him as beingproactive. Colombo would do wellto address the burning issue ofreconciliation, move quickly andtake sincere steps in a transparentand fair manner to look into thesubject of rights.

C.A.C. Murugappan,Kothamangalam

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

The Maldives has finally elected a President,

but the acrimony that preceded the Novem-

ber 16 verdict leaves Abdullah Yaameen Ab-

dul Gayoom without the luxury of the usual

honeymoon period. That he won with barely more than

the mandated 50 per cent plus one vote is proof enough

that nearly half the country trusts someone else: Mo-

hammed Nasheed, who stepped down as President in

February 2012 in highly controversial circumstances

after winning the tiny island nation’s first multiparty

election in 2008. The new President is the half-brother

of former President Maumoon Abdul Gayoom, who

ruled the country with an iron hand for about three

decades. Mr. Yaameen has to first assure his deeply

divided country that he will not go down the path that

Mr. Gayoom strode for decades — locking up detractors

and quelling dissent with a heavy hand. Speaking for

his party, the Progressive Party of Maldives, Mr.

Gayoom has set the right tone of engagement, saying

that neither Mr. Nasheed nor his party, the Maldivian

Democratic Party, will be harmed. This will address

only a part of the challenges before the new President.

In the year and a half since Mr. Nasheed was forced

out of office, the country had come to a virtual stand-

still. The electoral process had stuttered along, in-

terrupted repeatedly by the Supreme Court, the very

institution tasked with upholding the rule of law. From

September 7, when the first round of polls was held,

only to be annulled by the Supreme Court, to the final

round on November 16, the Maldives had witnessed a

clash of the institutions that form the backbone of any

democracy. The police had, on one occasion, prevented

election officials from moving out of their premises,

and, on another, the Supreme Court had, contravening

the Constitution, extended the term of President Mo-

hamed Waheed. Mr. Waheed, an international diplo-

mat, who was Mr. Nasheed’s Vice President, had been

elevated in February 2012 under a constitutional pro-

vision, a day after Mr. Nasheed resigned. India, the

Maldives’ closest friend and neighbour, adopted a ma-

ture approach, which could form the template for its

engagement with other neighbours too. Though there

were calls — often from more than one player in the

Maldives — for Indian intervention to ‘set right’ de-

mocracy, New Delhi showed restraint to guard against

any charge of dabbling in the internal affairs of the

nation. Mr. Yaameen’s first priority will be to fix the

economic mess the country is in. Despite the antipathy

towards India among a large section of his party — his

Vice-President, Mohamed Jameel, is a known India-

baiter — it will serve Mr. Yaameen well to have a good

working relationship with India. The two nations have

much to gain from fostering closer, friendly ties.

Tasks for Mr. Yaameen

CARTOONSCAPE

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WEDNESDAY, NOVEMBER 20, 2013

12 THE HINDU WEDNESDAY, NOVEMBER 20, 2013

BANGALORE

EDITORIAL

Telangana is almost a fait accompli now, but

both pro-Telangana activists and anti-bifur-

cation protesters know there is still a lot to

fight for: the status of Hyderabad, the demar-

cation of boundaries, the sharing of water resources,

and the reallocation of government personnel. With

the Group of Ministers looking into issues relating to

the bifurcation completing its consultations on Mon-

day, the focus is now on the details of the bifurcation,

and not the creation of Telangana itself. The violent

agitations leading to and following the Cabinet approv-

al for Telangana were in part engendered by the in-

decisiveness of the government at the Centre, and the

absence of any structured dialogue among the various

stakeholders on the bifurcation. The Centre heard

views from all sides, but could not force anyone to

consider compromises or scale down from maximalist

positions. The discussions so far have been random

exercises held in the hope that a consensus would

magically emerge. But now that these efforts have pre-

dictably failed, they are shown up as justification for a

hurried, unilateral approach by the Centre. No resolu-

tion on the Telangana issue was introduced in the

Andhra Pradesh Assembly. While this is not mandated

by the Constitution, the bypassing of the Assembly is

certainly a departure from the precedents in the bifur-

cation of Uttar Pradesh, Bihar and Madhya Pradesh in

2000. Of course, in these instances the creation of the

new States — Uttarakhand, Jharkhand, and Chhattis-

garh — were not as contentious as the carving out of

Telangana from Andhra Pradesh is. Telangana remains

an instance of how not to go about creating new States.

Almost inevitably, the Cabinet approval for Telanga-

na has revived demands for new states in eastern India,

Uttar Pradesh and Maharashtra. Clearly, the Telanga-

na tangle has reinforced the need for setting up another

States Reorganisation Commission to examine various

demands for new states and lay down broad principles

and guidelines in deciding new boundaries. At present,

many of the demands are based on loose, largely imag-

ined, identities. The struggle for Telangana was based

on its political past, and not linguistic or ethnic identi-

ty. Without some rational, practical basis for the cre-

ation of new states, statehood demands would be

conceded as the Centre seems politically expedient.

Governance issues and administrative convenience

should also be among the decisive factors in the cre-

ation of new states. Otherwise, statehood demands

would be sustained by narrow, sectarian agendas that

ignore the larger interests of the community. The end

result of such demands can only be internal displace-

ment of people.

Rationales for separation

Florence-on-the-Elbe, they used tocall the historic German city ofDresden, before it began to turn toash that evening in February 1945.

Inside of days, the United Kingdom and theUnited States bomber command droppedsome 3,900 tonnes of ordnance over the city,creating an inferno which would claim anestimated 25,000 lives.

The military utility of the slaughter is stilldebated by historians: proponents claim itdestroyed key Nazi communication hubs,and broke the will of Germans to resist; op-ponents say it was vengeance, plain andsimple.

“There is nothing intelligent to say about amassacre,” wrote Kurt Vonnegut, whowatched the destruction of Dresden from aprisoner of war camp, in his classic Slaugh-terhouse Five.

Perhaps Prime Minister ManmohanSingh would agree: neither he, nor anyoneelse in the Indian government, has attempt-ed to explain his controversial decision tostay away from the Commonwealth Heads ofGovernment Meeting in Sri Lanka. Thatleaves supporters of the choice to contend itwas driven by high principle, and opponentsto claim low politics triumphed over prag-matic foreign policy.

It is time New Delhi thought of somethingintelligent to say on the issue, because it goesfar deeper than India’s interests in Sri Lan-ka. Instead, the issue is enmeshed with howIndia fought the wars it believed were neces-sary to survive as a nation — and how it willfight the wars it is fighting today, and theones yet to come.

Making sense of the killing that unfoldedin Sri Lanka in the last days of the Eelam Warisn’t easy: we don’t know how many lives itclaimed or, indeed, whether a genocide tookplace at all. Estimates for civilian fatalities,produced by the United Nations and humanrights groups, range all the way from 20,000to 1,47,000. There is no expert consensus on

whether civilians were targeted on purpose,and, if so, when. There are indeed severalwell-documented cases of extrajudicial exe-cutions, but these are not the same as agenocide.

The numbers

It is important to understand why so manydifferent numbers exist, what they mean,and what they imply.

The methodology behind these figureswas first proposed by the University Teach-ers for Human Rights, a Jaffna-based humanrights group. In essence, the UTHR pro-posed deducting the number of civilians whoarrived at the government’s refugee campsfrom those known to be living in the so-called no-fire zone. This gave a number forpeople who could be presumed to have beenkilled.

However, no one knows how many peoplewere actually living in the no-fire zone tostart with. The government agent in Mul-laithivu district, K. Parthipan, estimated thepopulation to be around 330,000 in Febru-ary 2009. Mr. Parthipan, though, had no wayof conducting a census in the no-fire zone; herelied instead on reports from local head-men. He did not have any tools to distinguishcivilians from LTTE conscripts and irreg-ulars. He had no way of accounting for peo-ple who fled the zone to safety as the SriLankan forces closed in.

Mr. Parthipan’s numbers weren’t sup-ported by the United Nations Panel of Ex-pert’s analysis of satellite images, whichsuggested a population of 2,67,618. The U.N.

experts then attempted a rule-of-thumb cal-culation of 1:2 or 1:3 civilian dead for everyperson known to be injured, which suggest-ed 15,000 to 22,500 fatalities — much lowerthan the estimates that have now becomecommonplace. Finally, the panel plumpedfor an estimate of 40,000, based on Mr. Par-thipan’s numbers.

Notably, the panel did not distinguish be-tween civilians and the LTTE cadre — a factnoted by the U.S. State Department’s De-cember 2009 report to Congress. TheLTTE’s regular forces, estimated by expertsat around 30,000, were backed by irregulars,the makkal padai, as well as press-gangedconscripts.

Deliberate killing?

It isn’t unequivocally clear, either, thatdisproportionate or indiscriminate forcewas used to eliminate these forces. Satelliteimaging shows that right up to May 17, theSri Lankan Army was facing fire from theLTTE’s 130 mm, 140 mm and 152 mm artil-lery. The Sri Lankan Army claims to havebeen losing over 40 soldiers a day during thelast phases of the war. The former U.S. Am-bassador to Sri Lanka, Robert Blake, sent aconfidential cable to Washington, DC, onJanuary 26, 2009, saying that the Sri LankanArmy “has a generally good track record oftaking care to minimise civilian casualtiesduring its advances.”

Jacques de Maio, head of operations of theInternational Committee of the Red Cross,concurred: on July 9, 2009 he told a U.S.diplomat that Sri Lanka “actually could have

won the military battle faster with highercivilian casualties, yet chose a slower ap-proach which led to a greater number of SriLankan military deaths.”

It is worth noting, too, that the U.N. panelacknowledged that the LTTE put some ofthose civilians in harm’s way. The reportfound “patterns of conduct whereby theLTTE deliberately located or used mortarpieces or other light artillery, military vehi-cles, mortar pits, and trenches in proximityto civilian areas.”

D.B.S. Jeyaraj has graphically describedhow the LTTE forced civilians into the Ka-raichikkudiyiruppu area to defeat an offen-sive by the Sri Lankan Army’s 55 divisionand 59 division. Photographs taken by acameraman for The Times of London onMay 24, 2009, for example, show what ap-pear to be pits for siting mortar, an armstrailer and a bunker, in the midst of a civilianlocation in the no-fire zone.

None of this, of course, settles things oneway or the other — and that’s the point.There is very little doubt that the Sri Lankanforces did commit crimes. They worked withsavage paramilitaries who were out to settlescores with the LTTE. It doesn’t follow fromthis, though, that Sri Lanka’s campaignagainst the LTTE was genocide. And thisbrings us to the larger question.

The language of war

The real question is a simple one: when,and how much, is it ethical to kill in war?Through the history of modern warfare,commanders have confronted the same di-lemmas that Sri Lanka faced in 2009, orWinston Churchill confronted in 1945. Iraq,the University of Washington’s Amy Hago-pian and 11 co-authors have estimated, lost461,000 lives, either directly or indirectly,because of the U.S. invasion.

In April 2004, up to 800 civilians werereported killed when the U.S. tried to clearinsurgents from the Iraqi city of Fallujah — acost so high that embarrassed commanderswere forced to call off the campaign. Iraqcontinues to see abnormally high rates ofbirth defects, which some researchers attri-bute to depleted-uranium munitions used.

The second battle of Grozny in 1999-2000,when Russian troops backed by armour andair-power battled Chechen insurgents, sawthe city reduced to what the U.N. later called“the most destroyed city on earth”.

For decades, India has propagated thecomforting fiction that its counter-insurgen-cy and counter-terrorism operations areconducted within the framework of every-day criminal law. Leaders and lawmakershave, at once, countenanced extra-judicialexecutions, torture, and collective reprisalsagainst civilians. This hypocrisy is corrosiveto the armed forces, and to India’s polity.

This isn’t reason to countenance sancti-mony. The laws of war, as we know them,were written in the wake of 1945 — driven bya particular historical experience of war.They continue to evolve mainly in Europeand the U.S., where nation-states have nolived experience in generations of the hide-ous consequences — and costs — of exist-ence-threatening insurgencies.

In India, Sri Lanka, Afghanistan, Pakistan,though, there has been next to no first-prin-ciples discussion of the ethics and law. Wehave lost our ability to talk honestly aboutwar, and what it entails — and that won’t do.

“The language of war is killing,” 9/11 bom-ber Khalid Sheikh Mohammad told his in-terrogators, perhaps unconsciouslyborrowing words from the great strategist,Carl von Clausewitz. He was right. How tospeak it is something we must learn to hon-estly discuss. Sri Lanka is as good a place tobegin as any.

praveen.swami@thehindu.co.in

From Sri Lanka, questions about warsPraveen Swami The real question in the debate over India’s

Sri Lanka policy isn’t whether it is pragmaticor ethical. It goes, instead, to the heart of theethics of the wars our country fights, and willfight in years to come

For VajpayeeThis refers to the report “Nitish,Farooq favour Bharat Ratna forVajpayee” (Nov.19). Now, bybringing in the name of the formerPrime Minister, Atal BihariVajpayee, the BJP appears to belooking for electoral gains. Theparty should remember that Mr.Vajpayee himself has kept awayfrom politics. He is of course agreat statesman, with laudableachievements in diplomacy. ButIndia’s highest civilian award mustbe kept free of controversy.

Pulukuri Sowmini,Prakasam

Mr. Vajpayee is an exemplaryleader, able administrator and keyperson who ensured the overalldevelopment of our nation. Hedeserves the highest honour.

Nithya Mohan,Thiruvananthapuram

While Mr. Vajpayee does deservethe award, remember that it wasP.V. Narasimha Rao who initiatedmajor economic reforms after heassumed office as Prime Ministerin 1991 under challenging domesticand international circumstances.It was because of his bold economicinitiatives then that the countryhas moved forward in the last twodecades. Therefore, it would beappropriate to award him theBharat Ratna.

Srinivasan K.,Bangalore

Controversy doesn’t seem to be farbehind. Some leaders are nowdemanding that the governmentconfer the award on Mr. Vajpayee.But there are statesmen who towerabove the rest — C.Rajagopalachari, C.N. Annadurai,Lal Bahadur Shastri, K. Kamaraj,E.M.S. Namboodiripad … The

nation’s highest civilian awardmust not be reduced to a politicaltool in a high-decibel electioncampaign. It is high time ourpoliticians cease to stoop further.

A.G. Rajmohan,Anantapur

It is not only shocking but painfulto note that the Home Ministryopposed the move to give SachinTendulkar the Bharat Ratna (Nov.19). The conferment of the awardon him is a great honour. Theaward should be given tomeritorious persons, irrespectiveof his or her field of specialisation.

S. Narayanan,Chennai

Privy PursesThat a promise made by no less aperson than Sardar Patel wasbroken is certainly a blot on post-Independence history (Op-Ed,“Who betrayed Sardar Patel?” Nov.19). Together, Patel and V.P.Menon cajoled, coerced andconvinced maharajas and nawabsto accede to the Indian Union. Inreturn, they were all guaranteedpension, privileges and rightsunder the Constitution. A contractis a contract. The Indian Republicshould have kept its side of thebargain.

Ramanathan Srinivasan,Chennai

I was a college student when IndiraGandhi abolished the Privy Purses.I vehemently argued against themove in a debate because I thoughtthe Privy Purses was pro-rich andanti-poor. I won huge applausefrom the audience consistingmostly of fellow students.

After reading the article, I realisehow ignorant I was then. The smallallowance of a few crores of rupeesfrom our massive budget was nobig deal to avoid the turmoil that

would have occurred but for thepeaceful settlement made with theformer rulers.

S.P. Asokan,Chennai

It is unreasonable to argue that theabolition of the Privy Purses was aninsult to Sardar Patel’s memory,when even long-runningmonarchies like England are facinggrowing demand from citizens thatgovernment funding of the royalfamily be stopped.

The Privy Purses might havebeen a token of gratitude expressedby the nascent Indian Union to theroyals who decided to accede toIndia. But the rulers did not losetheir personal wealth and holdingsthat gave them personal income.The wealth they gave up belongedto those who toiled day in and dayout to build it up.

Sham Sankar,Thiruvananthapuram

The article laments the ‘crime’committed by our democracy,which came in the way of the feudalsystem in which royalty — by theaccident of birth — bestowed someprivileges on a few people. Can theregressive relics of an ancientexploitative period be preservedunder all circumstances?

Kasim Sait,Chennai

The abolition of the Privy Purseswas a historical necessity, a blow tothe feudal social superstructure.The purse was tax-free, moneyearned with no toil or sweat. Thedream of building an egalitariansociety based on socialistprinciples would have beenundermined by continuing to payour former rulers. Whether or notthe Congress betrayed Sardar Patelone cannot tell. But, surely, theIndian Republic did not betray its

historically disadvantaged anddeprived sections.

Sreenath Mohan,Wayanad

The modern concept of kingshiprecognises rulers as holders ofpublic trust. Hence, the sacrificemade by the erstwhile rulersshould be seen as an act ofdemitting office. All property heldby them, including the “12,000miles of the railway system,” washeld in trust on behalf of people.

After the integration of theprincely states and the dissolutionof their individual identities, thePrivy Purses became antitheticalto the concept of equality. Aconstitutional amendment is a toolto maintain the relevance of theConstitution even in changedcircumstances. It is in exercise ofthis power that Parliament,recognising the discriminatorynature of the Privy Purses,abolished it.

Abey Sushan,Pathanamthitta

Allegation by internThe allegation by a law intern thatshe was sexually harassed by aretired Supreme Court judge isserious. Even more serious is herreported statement that she is notfor pursuing the charge (Nov. 19).Women’s organisations shouldpersuade the intern to speak out.Otherwise, such complaints willnot be taken seriously in future.

R. Ganesan,Chennai

I am a junior lawyer, a former lawintern and an advocate of women’srights. An allegation of sexualharassment puts an indelible bloton the character, conduct andreputation of the accused. It isparticularly serious in the case ofthe law intern as the charge

pertains to one of the highestconstitutional functionaries. Suchcharges should not be made lightlyor taken lightly, and thecomplainant should not be allowedto drop them at will.

The reputation of the judiciary isat stake. Whether or not thecomplainant desires, the chargemust be investigated and, if thejudge is found guilty he should bepunished. On the other hand, if theallegations are found untrue, thecomplainant should be punishedfor making defamatory statements.

P.G. Gayathri,Kochi

The intern’s explanation that shejust wanted to sensitise society tothe fact that such things happeneven in high places cuts no ice.People know that the SupremeCourt is not as sacred as it is oftenmade out to be. Unless she pursuesthe matter to its logical conclusion,no one will pay attention to suchallegations in future. It will onlyencourage the offenders.

V. Lakshmanan,Tirupur

The state of scienceThe anguish expressed byProfessor C.N.R. Rao should betaken in the right spirit, and as awake-up call by our administratorsand the entire scientificcommunity. It is a fact that Indiaproduces enough scientists everyyear. Young scientists, however,know there is only limited scopefor employment or for pursuingpostdoctoral research in thecountry unless they have a strongbackground. It is not surprisingthat most of them head to the Westwhere talent is encouraged andwelcomed with open arms.

C.J. Rose,Chennai

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

Bangladesh’s political impasse appears all set

to worsen in the coming weeks unless the two

main political parties, the Awami League and

the Bangladesh Nationalist Party, demon-

strate maturity of a high order. The BNP has opposed

the “all party government” formed by Prime Minister

Sheikh Hasina to oversee national elections due in

January 2014 and threatened to take to the streets. As a

result, only parties in the Awami League-led ruling

coalition are represented in the set-up. The roots of the

present crisis go back to 2011, when the Hasina govern-

ment amended the Constitution to abolish the caretak-

er system of government, which had been introduced

in the mid-1990s to provide a non-partisan overseer for

elections. The decision to do away with it was born out

of first-hand experience of the perils of the caretaker

system when a government of technocrats appointed

for three months in 2006 stayed on for over two years

with military backing. The abolition was opposed by

the BNP, which also boycotted the vote on the amend-

ment in Parliament, seeing it as a self-serving move by

the Awami League. Since then, the country has moved

from crisis to crisis, each segueing into the other, in-

cluding massive violence that attended the trials to

punish those who had cooperated with the Pakistan

Army against the liberation of Bangladesh. Through all

this, if BNP leader Khaleda Zia has been confrontation-

ist, Prime Minister Hasina has hardly been reconcil-

iatory. The ban imposed earlier this year on the

Jamaat-e-Islami, a crucial ally of the BNP, did nothing

to enhance the Awami League leadership’s democratic

credentials, coming as it did shortly after the opposi-

tion combine convincingly won a clutch of municipal

elections in the midst of the war crimes trials.

What is required now is for both parties to acknowl-

edge that they need to engage with each other con-

structively to ensure a peaceful democratic transition.

An election boycott by the BNP, as the party has threat-

ened, is no solution. As for the Awami League, victory

in an election that is not contested by the main opposi-

tion party would be hollow. It will set the country on a

fresh path of political confrontation. With the security

situation in the entire region uncertain, several coun-

tries are now engaged in efforts to break the political

deadlock in Dhaka. Already seen as pro-Hasina, New

Delhi must do nothing that appears partial to any party.

It is true that Sheikh Hasina has been a good friend of

India, but New Delhi’s inability to reciprocate with a

settlement on the Teesta river water dispute or on the

land boundary issue has given the BNP a stick to beat

the government with. It is in India’s interests to en-

courage the two main parties to find a way out of this

impasse themselves, without taking sides.

Crippling deadlock

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THURSDAY, NOVEMBER 21, 2013

8 THE HINDU THURSDAY, NOVEMBER 21, 2013

BANGALORE

EDITORIAL

India’s naval doctrine professes a three-carrier

force: one each on either flank, with a third one

remaining on periodic maintenance at any given

time. Having envisaged a naval force built

around a carrier battle group to retain control over the

expansive seas under its sphere of geostrategic in-

terest, India acquired its first carrier, INS Vikrant, as

early as 1961 and operated it till the late 1990s along-

side another British-origin carrier, INS Viraat, which

was inducted in 1987. Aircraft carrier Vikramaditya has

now been inducted into the Indian Navy as a work-in-

progress. It is meant to bridge the operational gap

between the retirement of Viraat, already a spent force

and on its last lap, and the induction of the indigenous

carrier, Vikrant, to be ready hopefully by 2018. During

the interregnum, the Navy could not have afforded to

waste its five-decade experience and skills in operating

carriers. The strategic value of an aircraft carrier is

apparent also from China’s acquisition of a resurrected

Soviet carrier.

The debate may continue on the strategic utility of

sea control when stealthy underwater platforms are

part of the strategic deterrence. Yet, the significance of

carriers in implementing India’s quest to exert a be-

nign influence over the volatile Indo-Pacific cannot be

overstated. Strengthening its expensive carrier-centric

surface fleet should not of course be at the expense of

critical sea denial capability achieved through a strate-

gic submarine force. The two can indeed be comple-

mentary. Carriers demonstrate ‘intent’, but a potent

undersea fleet, which is less costly to build and main-

tain and relatively less vulnerable to attacks, would be

increasingly vital to attaining credible strategic deter-

rence. The induction of Vikramaditya has hopefully

ended any debates over its usefulness. The age of the

hull, the quality of work done at the Russian submarine

yard of Sevmash where it was rebuilt, and price renego-

tiations, were part of this debate in the past. The Navy

should now focus its energies on integrating it into the

fleet. It should train and qualify its fighter pilots on the

Vikramaditya’s deck. It should negotiate with Russia

on the maintenance of the platform so as to operate the

systems smoothly and efficiently through its life-cycle

of 25 years. Concurrently, an Indian yard should be

qualified to carry out minor refits. Weaponising the

carrier will pose the next major challenge. It will be in

the interest of the Indian Navy to zero in on and

integrate without delay effective and key defence sys-

tems such as surface-to-air missiles on the platform to

fast-track its operationalisation. After inducting the

Vikramaditya, the Navy would be looking to commis-

sioning the indigenous aircraft carrier, INS Vikrant.

The promise of Vikramaditya

Criminality in politics, or morepointedly, criminals sitting in ourParliament and legislatures, is anissue that has for long been debat-

ed in many forums and has also been at theforefront of reform proposals sent by theElection Commission of India (ECI) to thegovernment. With elections to five Statesunder way, and the 16th General Electiondue to be completed before May 31, 2014,India is now gripped by that special feverthat besets us every five years. Unexpectedly,part of the backdrop already stands influen-ced by a few recent decisions of the SupremeCourt.

The Supreme Court has importantlypassed three orders that relate directly to theconduct of elections. The first relates to thedistribution of “freebies”, wherein the ECIhas been asked to frame guidelines in con-sultation with political parties. The second isdirecting the installation of the None-of-The-Above (NOTA) button in the ElectronicVoting Machines, which has already beenimplemented in the current round of As-sembly elections. The third is the court’sorder of July 10, 2013 in the Lily Thomas vsUnion of India matter, wherein the SupremeCourt has declared unconstitutional Section8 (4) of the Representation of the People Act,1951. The importance of this order cannot beoveremphasised. The position that prevailedbefore this order was enacted was that allconvicted MPs and MLAs enjoyed a three-month period in which to appeal againsttheir conviction, and during this period theycrucially retained their memberships in Par-liament or legislatures respectively. Whathas changed is that while they still have theright to appeal, now they immediately ceaseto be members the House. While previouslythey were able to file appeals within thestipulated three months without giving uptheir membership, they managed, in effect,to remain MPs or MLAs often for long yearsafter their terms had expired. Not only have

these orders already impacted the electionsunder way but they will continue to have aprofound impact on cleansing our politicalsystem.

The Lily Thomas matter was applied bythe court prospectively and not retrospec-tively. The court would have had many rea-sons not to apply its order retrospectively,not the least of which is that it would pos-sibly have thrown our current polity intodisarray. Be that as it may, in the present andfuture, every parliamentarian or legislatorwho stands convicted for an offence thatleads to a sentence of imprisonment for twoyears and more, will also be debarred fromcontesting an election for six years after hisor her prison term ends. Moreover andequally importantly, there are offenceswhich are already on the statute book andwhere conviction (even without sentence ofimprisonment) leads to disqualification.These include conviction for rape, for pro-moting enmity and hatred between andamong different classes or groups, convic-tion relating to bribery, and conviction un-der the Prevention of Corruption Act, theForeign Exchange Regulation Act (FERA)and The Prevention of Terrorism Act, 2002(POTA). Once again, since the grace periodfor remaining an MP or MLA has ended, thisin effect means that the six year axe of debar-ment comes immediately into operation inthese categories of cases as well.

Criminals among MPs, MLAs

Close on the heels of this order, the nationwitnessed the jailing of Lalu Prasad, thepresident of a once nationally recognisedpolitical party, the RJD, as well as RasheedMasood, a former Minister and sitting MP ofthe Rajya Sabha. While both stand debarred

from contesting elections for six years aftertheir jail terms are completed, in effect sucha long banishment might well put an end totheir political careers. For, as is well known,politics abhors a vacuum.

The abhorrence of criminality in politicsis a common thread running through practi-cally every student audience I have ad-dressed across India in the last seven years.They are well aware of the figures compiledby non-governmental organisations such asNEW and ADR from the affidavits submittedto the ECI by contestants. Two vital ordersof the Supreme Court in 2002 and 2003made it compulsory for all candidates to fileinformation regarding any and all criminalcases pending against them, as well as figuresof the combined wealth or assets of the can-didates and their spouses, and indeed theireducational qualifications. With this infor-mation, the court hoped that voters couldmake informed choices about whom to votefor or not. Most of my student audiencesknew the statistics; that in the present Par-liament as many as 30 per cent of sitting LokSabha MPs and 31 per cent of Rajya SabhaMPs have criminal cases pending againstthem, that the Bihar Assembly (2010) has ahigh of 58 per cent criminals among itsMLAs, while the Uttar Pradesh Assembly(2012) has 41 per cent. The Congress has 21per cent declared criminals; the BharatiyaJanata Party has 31 per cent. At the otherextreme, the Jharkhand Mukti Morcha has82 per cent criminals among its MPs andMLAs.

Is it any surprise then that student audi-ences inevitably ask what is the point ofclean election processes if the end result is toelect tainted men and women?

When the government decided to rush

headlong into enacting an Ordinance tocounter the July 10, 2013 Order of the Su-preme Court, this resulted in a surge of pub-lic sentiment bordering on revulsion, againstwhat would arguably have been a very re-gressive step in the development of our dem-ocratic institutions. The dramatic demise ofthe proposed Ordinance ironically became acritically important milestone in the streng-thening of our democratic edifice, which Ithink many of us realise is still a work inprogress.

Three issues

In the rash of commentaries that followedthe Supreme Court Order of July 10, fol-lowed in turn by the legislative proposalssought to be placed before the winter sessionof Parliament and finally by the Ordinancethat the Cabinet cleared, I would like tocomment on three issues. First, it is no se-cret that many politicians have their owncriminal elements to protect and whom theyneed to use in elections to round up voters.They spend clandestinely and sometimesdevise mafia-like strategies to reinforce the“winnability” concept that has now come tobe the “mantra” which has displaced anytruly democratic relationship between can-didates and the public whom they seek torepresent. Hence the political establishmentquickly closed ranks in favour of the Ordi-nance.

The second issue to my mind was whetherthe President (who called in senior Minis-ters for consultation to raise questions andseek clarifications), would have signed thisOrdinance, or whether he would have just letit asphyxiate itself.

The third issue is that it took Rahul Gand-hi to speak out and publicly criticise theOrdinance. In the aftermath of his interven-tion, the cacophony of opinions on our newschannels reached a crescendo. One of thefew voices that I managed to hear over thedin of panellists and anchors, was that of TheHindu’s N. Ram, who cut aside all rhetoric onthe non-use of parliamentary language bysaying, “Rahul Gandhi single-handedlykilled the wretched Ordinance. Instead ofacknowledging that, do we need to make afuss about the words he used?”

For what we must also recognise is that ifthis Ordinance had been passed, it wouldhave officially endorsed that criminality inparliamentary ranks was perfectly accept-able. It would also have rendered our electedrepresentatives even more distant from ourpeople. Not only that, it would almost cer-tainly have put the Executive and the Su-preme Court on a collision course, leading tounnecessarily troubled relations between vi-tal institutions. We have only to look in ourown neighbourhood to understand how suchconflicts have in varying measure stuntedthe growth of democratic structures.

I read in the press with increasing dis-appointment that many political leaders andparties including the Congress and the BJPhave since given the ticket in these electionsto either criminals or to their family mem-bers as proxies. This, sadly, concedes the“winnability” factor over “clean” politics.

Surely the time is finally here for all politi-cal parties to jointly agree to step away fromsponsoring criminal candidates. It would bein their long-term interest to do so, becausenow some ground realities have changed, forupon conviction such candidates would haveto resign anyway and make way for by-elec-tions. In the short-term, they may win anelection, but in the longer term they will,once again, strike a blow to the developmentof a healthy, wholesome and robust democ-racy that our freedom fighters fought for,and our constitutional framers hadenvisaged.

(Navin B. Chawla is a former Chief Election Commissioner of India.)

Criminality in the Indian political systemNavin B. Chawla In their own long-term interest, all political

parties must jointly agree to stop sponsoringcriminal candidates

A mockeryThis refers to the report “Jailedpersons can contest polls” (Nov.20), where the Supreme Court hastaken note of the amendmentmade to the Representation of thePeople Act, treating persons inlawful custody in a criminal case asa voter. It is disappointing, to saythe least. It is the right of people tobe ruled by clean politicians. Whenpoliticians attempt to winelections while behind bars, it is anact that wounds the credibility ofour democracy.

Smilna Sudhakar,Bangalore

By virtue of a proviso to Section62(5) in the RP (Amendment andValidation) Act, lady luck seems tohave smiled on jailed persons. Preventive detention is aimed atonly averting possible trouble frompersons known to disturb law andorder. The amendment, which nowputs all the eggs in one basket, is aclassic example of politiciansprotecting politicians. In view ofthe amendment, the SupremeCourt has been left with no choicebut to give its nod.

K.V. Seetharamaiah,Hassan

The amendment knocks thebottom out of the argument thatonly persons with a clean recordshould contest elections and makesa mockery of attempts to curbcriminalisation of politics. Asimple amendment has put theclock back and will now open thefloodgates to criminals.

A jailed person exercising hisvoting rights is one thing butcontesting an election is quiteanother. Unfortunately, theamended RP Act does not make adistinction between the two. Justbecause a jailed person can vote, it

does not necessarily translate intoautomatic empowerment ofcontesting an election.Unfortunately, the courts have nosay in matters of legislation.

A.V. Narayanan,Tiruchi

Privy PursesThe article “Who betrayed SardarPatel” (Nov. 19) left me spellboundby the righteousness and justcharacter of our nation’s foundingfathers. They had a dream calledIndia where justice and fairnesswill be an integral part. They werenot corrupted by power and stoodby what they said. Forget 20 years,our politicians fail to keep theirpromises for even 20 days now. Ican only imagine how embarrassedthe great men must feel now to seewhat has become of their dream. Itis no exaggeration, but India’s baneis not poverty, hunger or pollutionbut our politicians who thinknothing beyond furthering theirinterests.

Probuddho Halder,Upperpally

In this connection, it is worthnarrating how the main rail arteryof Kerala, between Shoranur andCochin was built — by raising fundsafter offering the collateralsecurity of gold to the Railways.The gold was owned by theerstwhile Cochin State-runTemple of Sree Poornatrayeesa inTripunithura. The Railways havestopped the payment of interest forthe gold and have glossed over thetimely and citizen-friendly act bythe then rulers.

Anil Ambat,Kochi

The article revealed the diplomaticangle to the personality of the“Iron man” of India. It is quite

ironic that he might have learntthis from the British, who used thecarrot and stick policy to rule thecountry. This apart, it is worthmentioning that Patel’s acumenwas also instrumental in upholdingthe morality of India. The Nizamwent to the International Court ofJustice and even the U.N. forHyderabad’s independence.Considering the present dayhostility in bilateral relations withmany of our small neighbours, wetruly miss a man of his calibre.

Ajay T. Joseph,Kottayam

The writer appears to haveoverlooked the forces behindSardar Patel and the integration ofIndia. During the freedom struggle,the conditions in the princelystates were quite different fromthose in British India. In thesestates, people were denied civilrights which included even theright to protest and the right torepresent. Further, the rate oftaxes was much higher. Theabolition of the Privy Purses wasno betrayal of Sardar Patel. Rather,it was a true reflection of the spiritof the people of the day as well ofthose who struggled for freedom.

Vijay,New Delhi

Mr. Datar has failed to recognisethe power of democracy, which isessentially to reflect theaspirations of the common man.Contracts and agreements canalways be brokered and should notbe treated as a decree carved instone for generations to endureand suffer. Indira Gandhi had themandate of the people to effect thechange. If the need to maintain thePrivy Purses was feltoverwhelmingly, it would havebecome a political issue, whichagain explains why it was not

brought up by successivegovernments. It must be noted thatthe Nawab of Pataudi Jr., whocontested from Gurgaon on thisagenda, lost his depositconvincingly for not being able toeven garner five per cent of thevote. If he was indeed thebenevolent king, his subjectswould have overwhelmingly votedfor his cause, and, in turn, theirs.

Sajan Pandirikkal,Bangalore

It should not be forgotten that thePrivy Purses were ended only afteramending the Constitution whichrequires a two-thirds majority.Calling it a betrayal of Patelamounts to insulting Parliament.The writer talks about thesurrender by the princes of railwaysystems, jagir land, aircraft, etc.Whatever assets surrendered werenot the personal property ofroyalty but that which belonged tothe people of democratic India.

Baikadi Suryanarayana Rao,Bangalore

Sardar Patel did the best thing hecould and we thank him. But wemust remember that things changein the long run. Rather than resortto violence, being a soft-heartednation and one that shuns violence,we gave our rulers a chance.

Mohan James Chacko,Neerattupuram

Withdrawal of the Privy Purses wasa social commitment to make thiscountry a real Republic. It shouldnot be seen as a betrayal of SardarPatel’s legacy or prestige. TheConstitution is amended a numberof times to make it suitable anddynamic to the prevailingconditions of the day. We haveeven amended it to remove“Socialistic Pattern” and made it“Socialist” in the Preamble. It is a

different issue that thegovernment is rushing towardscorporatisation of everything,which is a deliberate move awayfrom the path of socialism. Is thisnot a deep betrayal?

A.G. Rajmohan,Anantapur

A boost for womenThe inauguration of the firstwomen commercial bank of thecountry, Bharatiya Mahila Bank(BMB), is a welcome step. If oneremembers right, Syndicate Bankdid flag off this concept earlier,with only women managing a bank,and which has sustained itself todate. Women power will surelyenhance the fiscal scene.

S. Venugopalan,Chennai

The bank is a major step. Onewould also like to recall small stepslike “she taxis” that have beenstarted in Kerala. At a time whenwomen seem to be at the receivingend, such empowering steps mustbe given wide publicity.

Arun A.C.,Malappuram

Intern’s move

It is unfortunate that the lawintern has changed her mind anddecided not to pursue her charge ofsexual harassment (Nov. 19). Was ita U-turn under pressure, a fear ofdisclosure of her identity and theworry of social stigma? Moreover,once a crime has been reported,any backtracking by thecomplainant would not result inthe closure of the case. On thecontrary, it would amount tomaligning the high institution, byway of making irresponsibleaccusations.

D.P.S. Verma,New Delhi

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

As if being the victims of the Sudanese govern-

ment’s genocidal onslaught – which killed

over 480,000 people and displaced 2.8 million

– from 2003 onwards were not enough, the

peoples of the country’s Darfur province are now suf-

fering yet again, in what looks like tribal warfare. Since

January, ferocious fighting between rebel tribes and

government-backed forces has killed 800 people and

displaced 460,000. In central Darfur, the joint African

Union-United Nations Mission in Darfur (UNAMID)

has mediated between the Salamat and Misseriya

tribes; international NGOs continue to work in the

area, but UNAMID has expressed grave concern about

civilians’ safety, and 12 of its own troops have been

killed since July 13. Secondly, in the El Sereif area of

northern Darfur, the Rizeigat tribe has been battling

another Arab tribe, Beni Hussein, around Jebel Amir.

According to U.N. Secretary-General Ban Ki-moon, the

death toll is twice that for all fighting in Darfur in the

whole of 2012; Sudan’s Defence Minister Abdelrahim

Mohammed Hussein says tribal violence has replaced

rebellion as the main threat to national security.

That, however, is only part of the story. The genocide

was in part driven by the Omar al Bashir regime’s racist

hatred of the non-Arab Fur and Zaghawa peoples, and

the current fighting is not primarily tribal. The Beni

Hussein sultan had earlier granted over 3,000 licences

for artisanal gold-mining in less than three square

kilometres around Jebel Amir, but a quarter of the 70

kg annual output was being smuggled westwards into

Chad and on to international markets, with India and

China among the eventual destinations. Khartoum

seems to have disregarded this until the secession of

South Sudan in July 2011 deprived the regime of con-

trol over oil, its single most valuable export. With gold

being the obvious replacement, the government has

clearly decided to end losses estimated at $700 million

a year and to take control of the gold fields by force.

Following a blockade and attacks by the Abbala tribe on

the Bani Hussein, the Rizeigat launched their offen-

sive, using army-issued weapons and laying landmines;

many are wearing border-guard uniforms after being

inducted into serving the state. The Rizeigat, as proxies

for the regime, are repeating their conduct from the

time of the genocide, and a major problem is that

traditional tribal peacemaking methods have broken

down. Meanwhile Mr. al Bashir, wanted by the In-

ternational Criminal Court for genocide, crimes

against humanity, and war crimes, remains in office.

The U.N. Security Council, which failed utterly to pre-

vent the genocide, must now seriously consider tough-

er intervention under any available legal instrument.

Sudan’s tribal smokescreen

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FRIDAY, NOVEMBER 22, 2013

12 THE HINDU FRIDAY, NOVEMBER 22, 2013

BANGALORE

EDITORIAL

By quickly amending the electoral law and ap-

prising the Supreme Court of it, the govern-

ment has managed to set right an anomalous

legal situation for those who faced disqual-

ification merely because they were in prison during

election time. On July 10, 2013, the Supreme Court

upheld a Patna High Court judgment that said being in

prison or in lawful police custody will disqualify a

person from contesting elections. Under Section 8 of

the Representation of the People Act, 1951, conviction

in a criminal case, entailing any sentence in respect of

some offences and a jail term of at least two years in

others, will disqualify a person from contesting elec-

tions to Parliament and the State legislatures. Another

provision, Section 62(5), bars voting by a person “if he

is confined in prison, whether under a sentence of

imprisonment or transportation or otherwise, or is in

the lawful custody of the police.” It makes an exception

for those in preventive detention. It effectively means

that anyone in police custody or in jail, whether con-

victed or not, is ineligible to vote. The High Court

accepted an argument that if those in prison do not

have the right to vote, it means they are not ‘electors’;

and that if one is not an elector, one is ineligible to

contest. This is because only registered voters can

contest elections. It was an interpretation that per-

functorily overturned a sound principle in electoral law

that one suffers disqualification only on conviction and

not at any earlier stage in criminal proceedings.

The Supreme Court upheld the High Court order the

same day it handed down a landmark verdict striking

down Section 8(4) of the Act, a provision that protected

sitting legislators from immediate disqualification on

conviction. Perhaps overzealous about cleansing the

electoral system, it failed to note that the High Court

had mixed up the temporary bar on voting imposed on

a person in jail with loss of basic eligibility to contest.

Losing the right to vote for a particular reason could

not have been interpreted as amounting to removal

from electoral rolls. The government filed a review

petition, but also decided to amend the law. The

amendments now enacted make it clear that the bar on

voting by prisoners will not mean that they will cease to

be voters. And the term ‘disqualified’ will be limited to

the listed circumstances and cannot be expanded by

inference. It is not uncommon for political activists to

be arrested on the basis of a first information report. If

the courts’ interpretation were to be accepted, it would

mean potential candidates could be disqualified from

contest at the FIR filing stage itself. This is one instance

in which legislation to overrule a court verdict was

eminently justified.

Setting right an anomaly

On November 15, a pair of investiga-tive portals released a set of audiotranscripts depicting an extraor-dinarily invasive and scrupulous

surveillance of a young woman by the Guj-arat Police. Its implications, limited as theymay appear to those who consider privacy abesmirched value, in fact, have much to tellus about the abusive might of political pow-er. The surveillance was purportedly or-dered by Amit Shah, former Gujarat HomeMinister, at the behest, it appears, of theBharatiya Janata Party’s prime ministerialcandidate and current Gujarat Chief Minis-ter, Narendra Modi. The Congress, for itspart, has predictably taken umbrage to thealleged illegal surveillance, arguing it seems,for a probe into the matter. But we have beennone the closer to a comprehensive privacylaw under the Congress-led United Progres-sive Alliance regime. The Union governmentis, in fact, equally at fault for dipping into itstotalitarian reserves to allow a substantialerosion of our privacy, even as technologypervades our lives like a broodingomnipresence.

Slippery slope

The tragedy of the matter is not merelythat the BJP and Mr. Modi have been al-lowed to get away without an explanation,but that the value attached to our privacy ison a slippery slope. The BJP’s defence, forthe record, an oblique annexe to the state-ment of the woman’s father, is broadly toquestion the locus of those who question theincident, given that “the girl and her fatherare not complaining.” This justification is acommon one. It also ignores a fundamental

fact: illegal surveillance by the state is theconcern of the entire populace.

In India today, violations of privacy, whichhave become increasingly common, aren’tseen as anathema to one’s foundational civilliberties. The lack of a systematic indigna-tion at such infractions, it might be argued, isan indication that these values are not cher-ish-worthy and are, in fact, antiquated giventhe age of publicity that we live in. To snoopinto a person’s private space, therefore,whether in the interest of security or other-wise, does not vitiate your liberty: If you’vegot nothing to hide, you’ve got nothing tofear, goes the argument. But such a response,acceptable as it may have come to become, isinherently backward and opposed to all ten-ets of a liberal, democratic polity.

Privacy, contrary to the elitist notions at-tached to it, protects us from the abuse ofthose in power. It isn’t a luxury. On thecontrary, it is integral to our development ashuman beings. The two Boston lawyers, Sa-muel Warren and Louis Brandeis, put it bet-ter than anyone in their 1890 essay in theHarvard Law Review. “The intensity andcomplexity of life, attendant upon advancingcivilization,” they wrote, “have renderednecessary some retreat from the world, andman, under the refining influence of culture,has become more sensitive to publicity, sothat solitude and privacy have become more

essential to the individual; but modern en-terprise and invention have, through inva-sions upon his privacy, subjected him tomental pain and distress, far greater thancould be inflicted by mere bodily injury.”

Right to privacy in India

The Indian Constitution does not express-ly grant a right to privacy. It was only in 1994,in Rajagopal v. State of Tamil Nadu, that theSupreme Court, though its interpretiveforce, found privacy to be inherent in a per-son’s right to personal liberty: “It is theright,” wrote Justice B.P. Jeevan Reddy, “tobe let alone.” In 1997, when considering thelegality of certain wiretaps, the court, inPUCL v. Union of India, established a set ofguidelines to be followed in interceptingmessages, in a public emergency or in theinterest of public safety. But these guidelinesare seldom followed. Compounding the mat-ter is the utter legislative inaction in thefield.

In April, the Union government craftilytrundled out the Central Monitoring System(CMS), amid almost no uproar, giving itselfthe absolute power to monitor all phone andonline communication in the country. TheCMS provides the government direct accessto every one of India’s telecommunicationnetworks; it has removed the earlier obstacleof having to rely on the service providers for

such information. But there is little in thepublic domain indicating the complete na-ture and scope of this programme. The ab-sence of a facilitating law, providinglegislative backing to the CMS, only makesmatters worse; much like India’s chief in-vestigative agencies, the programme is acreature of the executive. In other words,there is no procedure established by law tolend any credibility to what is an unques-tionable transgression of our personal liber-ty. The CMS is a distinctly anti-libertarianmeasure adopted by distinctly anti-demo-cratic means.

In June 2013, The Hindu revealed that theCMS would substantially enhance the gov-ernment’s surveillance and interception ca-pabilities. The programme, contrary toinitial expectations, does not replace the ex-isting surveillance equipment deployed bymobile operators and Internet Service Pro-viders, but rather multiplies the govern-ment’s forensic capabilities. The state cantoday navigate through every telecommuni-cation network in the country, and it pos-sesses the unique power to read all ourpersonal messages, whether communicatedby email, text or other online means. Thegovernment, as The Hindu reported, can, infact, access your search history and the web-sites that you visit. It can even go throughpartially written emails floundering in yourdrafts.

As things stand, two primary laws controlaccess to communication data in India. Butneither expressly authorises surveillancenor does enough to protect privacy. It effec-tively only adds to the vacuum. The IndianTelegraph Act of 1885, a colonial-era law thatcontinues to govern telecommunication law,gives the government the power to accessinformation in the interest of public safetyor in a public emergency — neither of whichhas been defined with any level of precision.The Information Technology Act of 2000, asamended in 2008, permits the governmentto intercept, monitor or decrypt informationin the interest of the sovereignty or integrityof India, defence of India, security of thestate, friendly relations with foreign states,or public order, or to prevent incitement tothe commission of any offence. The lack ofadequate safeguards to our privacy in both ofthese laws is telling — the intention in theselaws, if anything, appears to be to strengthenthe government’s prying powers as opposedto protecting civil liberties.

The recent snooping incident in Gujaratmight have emanated out of a multitude offactors that are not yet directly apparent.But the wanton ease with which it was or-dered speaks to a deeper rot. We should usethis as an opportunity to ask ourselves whywe value our privacy. And to question howthe government has assumed — almoststealthily, and without the approval of thelegislature — the power to conduct wide-ranging surveillance unchecked by any inde-pendent authority.

To allow programmes such as the CMS tobe piloted without due process of law wouldamount to a renunciation of our most funda-mental freedoms. It would grant the govern-ment, as the Professor of Law, Daniel J.Solve wrote, not merely Orwellian controlover our lives, but would also lead to a corre-sponding Kafkaesque problem: “a suffocat-ing powerlessness and vulnerability createdby the court system’s use of personal dataand its denial to the protagonist of anyknowledge of or participation in theprocess.”

(Suhrith Parthasarathy is an Advocate inthe Madras High Court)

Surveillance and its privacy pitfallsSuhrith Parthasarathy The Gujarat snooping incident should

be used as an opportunity to ask how thegovernment has assumed the power to order such invasive, unchecked surveillance.

Part of the systemThe eye-opener by the formerChief Election CommissionerNavin Chawla (editorial page, Nov.21) clearly shows why the people ofIndia are disillusioned withpoliticians. It is not that politicalparties do not know about the legalproblems and moral implicationsof fielding criminals or theirproxies as candidates in elections.It is just that they cannot dowithout criminals as criminalityhas intertwined itself with politics.Insofar as Congress vice-presidentRahul Gandhi’s outburst and Mr.Chawla’s statement that if the saidOrdinance had been passed “itwould have officially endorsed thatcriminality in parliamentary rankswas perfectly acceptable,” I wouldlike to say that even otherwise,criminality in politics isunofficially endorsed, acceptedand welcomed by all parties. To askthem to reform the system byshunning criminal candidates islike asking for the moon.

B. Harish,New Delhi

Since Independence, the Indianpolitical system has shown upmany aberrations — from thecriminalisation of politics to thepoliticisation of criminals. The useof goon power to grab power hasbecome the norm, a factor mostparties have understood to beessential in ensuring a win. Theonly hope left is for the judiciary tostep in where the executive andlegislature have failed in cleansingthe political system. One also takeshope from steps such as theintroduction of NOTA and theframing of guidelines by theElection Commission inconnection with freebies.

Shaikh Jamir Munir,New Delhi

I would like to ask people whythere is such a lack of direction inaddressing the issue of criminality.

Why do criminals still come topower? The biggest enemies of ourpolitical system are heredity ofpower, nepotism and corruption. Ido hope that voters do not take theeasy way out by exercising NOTA,and instead force parties to selectcandidates with credibility andwho are honest.

Vinayak Pawar,Satara

It is illogical to assume thatpolitical parties will clean up themess themselves. We cannotexpect lawmakers to pass lawsagainst themselves. Instead, it isthe common man with his votingpower who can force a change. Wehave to be smart in choosing ourrepresentatives. Another source ofhope for us is our judiciary and theElection Commission in usheringin transparency.

Akshay Dhadda,Jaipur

Jail no barThis refers to the report “Jailedpersons can contest polls” (Nov.20). The Supreme Court judgmentdid make me sit up and wonderwhere our nation is really heading.Leaders should be role modelscapable of steering the country andthe people on the right path. Thissows the seeds for more corruptionand deceit. Where are the rolemodels for the youngergeneration?

Padma Ravishankar,Chennai

Only political parties will cheer theSupreme Court’s acceptance of theamendment to the Representationof the People Act that allows jailedpersons to contest elections. Thiseffectively means that those facingcriminal charges will be given theticket if they have the money andthe muscle power besidespossessing the right caste factor.True, it is possible to foist a falsecriminal case and prevent a personfrom contesting. But there are

many innocent persons who arelanguishing in jail because theyhave no money to engage a lawyer.It is reported that about 25 per centof prisoners in Kerala’s jails areinnocent. Many of them have beengranted bail but cannot get out asthey do not have the money for thethe bail amount stipulated. Whyshould politicians alone beshielded from the vagaries of thelegal system? If there is politicalwill, it will not be impossible todevise a suitable mechanism thatwill act as a firewall againstmischievous litigation.

V.N. Mukundarajan,Thiruvananthapuram

A person in the lawful custody ofthe police is not necessarily acriminal. In today’s era, politicalparties leave no stone unturned tomalign the opposition. Personswho are jailed but not convicted,should be allowed to contestelections. It becomes theresponsibility of the voter to checkthe credentials of candidates andvote accordingly.

Sweety Gupta,New Delhi

Controversial termToday’s politicians do not seem tohave any control over their wordswhen campaigning, when referringto other parties, their electionsymbols or their political leaders(“Modi defends use ofcontroversial term,” Nov. 21).There is absolutely no decency,discipline, decorum or restraint. Itis unfortunate that top leadersfrom the main Opposition partyare in no mood to repent for theiroutbursts. While the BJP mayargue that such terms are usedcommonly and colloquially and donot constitute personal attacks,both the Congress and the BJPhave forgotten about what theyshould be talking about instead ofhurling verbal missiles at eachother and glossing over the burningissues before the nation. The

“hand” is what feeds the home andhelps one makes a living, while the“lotus” is holy. It is illogical tocondemn one and eulogiseanother.

M.Y. Shariff,Chennai

Mars missionThe interview on the Mars Orbitermission (Nov. 21) was interesting,and an effective way of silencingcritics of our space programme. Toexplore new frontiers is alwayswelcome. It would be appropriateto quote this. During the launchprocess, the BBC interviewed someof our scientists regarding theimportance of this mission whileciting India’s poor showing onvarious fronts. Before closing theprogramme, the BBC reporter,Alan Kasujja, read out a mail he hadjust received from a NASA officialthat went something like this: “InNASA, for each single dollar spent,we get back $8 as spin-offs. You goahead, India!”

S. Raju,Kolkata

Dr. Radhakrishnan’s answers wereinformative and made one marvelat the determination andcomplexity involved in pulling off asuccessful mission, especially onethat involves travel to a planetmany hundreds of kilometresaway.

Unnikrishnan Mangalasseri,Manjeri

Horror at the ATMIt was shocking to read about thedegree of brutality inside an ATMlocation in Bangalore, where awoman was attacked (“Ultimatumto banks on ATM security inKarnataka,” Nov.21). It is clearlythe responsibility of banks to keeptabs on all their ATM locations.Users, especially women, muststick to using ATMs in well-lit andsecure locations.

Vivek George,Mavelikara

The media appear to be going totown blaming the government andthe police for their laxity inproviding security at ATMs. I was abranch manager of a nationalisedbank near Kanchipuram, TamilNadu, a few years ago. The police,while on night rounds, used tocheck all ATMs in their beat andoften advise banks to providesecurity — a suggestion that mostoften fell on deaf ears. The reasonwas the need to be cost-conscious.Here, I wish to mention aninteresting meeting we had withthe Reserve Bank of India on the“Clean Note Policy” introducednearly a decade ago. The RBIwanted my bank to install note-counting machines, to which ouranswer was that the machines wereexpensive. The top RBI official said that ratherthan remitting our bank’s dividendof more than Rs.1,000 crore to thegovernment, we could do so afterensuring our needs, such as this,first. We did buy note-countingmachines for all our branches. WhyI cite this is that in the case ofensuring security for ATMs, thereis no point in blaming the police orthe government. The finger needs to be directedtowards the top management ofbanks.

K. Kumar,Chennai

Providing security in the form of aguard is no good either. What if heis attacked? The need of the hour isto install “distress sirens” apartfrom CCTV. The “distress siren”should be a cordless one, with oneswitch connected to the ATMmachine and the other to the wall.Under any distress condition, itmust be audible at least half akilometre. It should also bedesigned in such a way that it canbe switched off only by using aspecial code known to the bankofficials.

V. Madhavan,Bangalore

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.T

o the long list of 28 public sector banks in

India, one more was added with the inaugu-

ration of the Bharatiya Mahila Bank (BMB)

on Tuesday by Prime Minister Manmohan

Singh. The bank is unique in more ways than one. It will

focus predominantly on women, apart from being

staffed largely by them. To the BMB will go the dis-

tinction of being the first-ever public sector bank to

have been set up by the government, as the others came

into being through nationalisation of existing private

banks. Women, who constitute about half the country’s

population, account for 80 per cent lower per capita

credit compared to men. This is largely because they

are unable to offer collateral for borrowings given that

property is invariably held in the name of the father,

husband or son. That there is a gender bias in banking

services is clear. It was precisely this that led to the

creation of women's cooperative banks such as the Shri

Mahila Sewa Sahakari Bank Ltd. which extended fi-

nancial support to self-employed women in the unor-

ganised sector. Yet, it is not clear if an all-new,

full-service bank is the way to get more women into the

financial system. Could not the same objective have

been achieved through the existing public sector banks

that have an extensive network in rural areas, where

financial exclusion of women is the most acute?

The BMB will face the same issues as other public

sector banks; if anything, it will be handicapped even

more by the fact that it is a start-up operation. For

example, if the bank is to be commercially viable, it

needs an extensive network in the cities where it can

attract deposits, but its lending focus has to be in the

rural areas where women are marginalised. How does it

solve this network dilemma? In the first year of oper-

ations at least, the bank will be opening branches only

in the cities. The initial year or two will largely deter-

mine if the concept of the BMB will be a success. The

bank will have to conceive and devise innovative prod-

ucts that will encourage women to bank with it. The

bank has already indicated that it will offer higher

deposit rates to attract savings bank customers, but

this should not result in pushing up lending rates. It

will have to tailor products for the unorganised sector

where lending is largely without collateral. The bank is

likely to be hamstrung in recruiting experienced staff;

public sector banks are reported to be facing a staff

shortage. Even assuming that staff from other banks

can be attracted by means of promotions and higher

salaries, it is doubtful if they will agree to move to rural

branches. How well the BMB handles these challenges

is what will decide if the idea will be a success — or if the

BMB will turn out to be just another public sector bank.

Banking on women

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SATURDAY, NOVEMBER 23, 2013

12 THE HINDU SATURDAY, NOVEMBER 23, 2013

BANGALORE

EDITORIAL

It may well be that the Bharatiya Janata Party’s

opponents, particularly the Congress, ought to

combat the party ideologically rather than on

issues such as surveillance and the tapping of

telephone conversations of a young woman. And ques-

tions may be raised over how the recordings of con-

versations between the then Gujarat Minister of State

for Home, Amit Shah, and a police officer, that were

handed over to the Central Bureau of Investigation,

found their way into the public domain, either through

a calculated leak or through journalistic resourceful-

ness. Yet, while the personal nature of the allegations

and suspicions over the motives behind the leak war-

rant extra care and scrutiny, they cannot serve to push

the troubling questions raised by the surveillance epi-

sode under the carpet. The surveillance and telephone-

tapping appear to have been ordered by Gujarat Chief

Minister Narendra Modi and implemented by Mr. Amit

Shah, but conversations now made public do not seem

to be consistent with the claim that they were under-

taken at the instance of the young woman’s father to

protect her from some unspecified threat. Rather, they

seem to have been mere information-gathering

exercises.

The law of privacy is inadequately developed in In-

dia, but it is doubtful if the physical surveillance and

massive intrusion into the privacy of the young woman

were warranted for any legally justifiable reason. Tele-

phone tapping is an altogether new dimension. The

Information Technology Act, 2000, through a 2008

amendment, provides for interception in the interest

of sovereignty and integrity of the country, defence,

security, friendly relations with foreign states, public

order, and to prevent incitement to a cognisable of-

fence or for investigation of an offence. The author-

isation has to come generally from the Home Secretary,

for reasons to be recorded in writing, and detailed

records have to be kept of the intercepted numbers,

and on to whom the intercepted information was pro-

vided. Given the informal nature of the Gujarat surveil-

lance and interception, it is a moot question if these

essential procedural safeguards laid down by the Su-

preme Court to protect the constitutional and common

law right to privacy in telephone conversations were

observed. No doubt, in the case of many police depart-

ments and government agencies these safeguards are

honoured more in the breach. Yet, this general laxity

cannot be an excuse to gloss over the Gujarat episode

which has shone the spotlight on the functioning of the

police and the political establishment in the State.

Clearly, the main players need to come clean and bring

all the facts out into the public domain. It is important

too that accountability be fixed, in case there was any

transgression of the law.

Troublingquestions

The United Nations Secretary Gen-eral Ban Ki-moon has asked his en-voy to Syria, Lakhdar Brahimi, toset a date for the Syrian peace con-

ference — called Geneva II — in mid-Decem-ber. The expectation of a November meetinghas now slipped by. A quarter century ago,Mr. Brahimi was the envoy tasked to bringpeace to the Lebanese Civil War (1975-1990). The Algerian diplomat used to fly intoDamascus airport in Syria and drive to hismeetings in Beirut. Now, Mr. Brahimi fliesinto Beirut to drive to Damascus. His visit tothe city on October 29 was greeted withfierce fighting (in Barza and Darayya), a pooromen for a peace process. Mr. Brahimi is notoptimistic. Glimmers of a political settle-ment are quickly extinguished by the testos-terone of war and the belief by differentparties that they are on the ascendency. Whymake peace, they suggest, if victory is on thehorizon.

A year ago, it would have been unthinkableto imagine that Bashar Assad’s Syrian armedforces would be marching up Highway 5from Damascus towards Homs and Hama,and that his forces would be at the gates ofAleppo. Certainly Mr. Assad’s armies havealways had the military advantage, and theyhave used their full arsenal to pummel theopposition. But plucky fighting from the de-fectors who formed the Free Syrian Army(FSA) and the detachments of popular mili-tias had given the official army a great deal oftrouble, notably in Syria’s mountainous andforested terrain. In sections of the country,such as the western flank of Syria, Mr. As-sad’s forces are now in the ascendency. Partof the reason for this has been the exhaus-tion of the rebellion, with the FSA hamperedby a dismembered political leadership (theSyrian National Coalition). This Coalition isstifled by exiles who are utterly cut off fromthe reality of Syrian politics, by aged MuslimBrotherhood leaders who have no base to

lean on in most of Syria’s governorates, andby the Saudi proxies — including leader Ah-mad Jarba — who were outwitted on theground by radical Islamists. Without a clearpolitical agenda and consistent logistical andmilitary support from outside, the FSA hascrumbled.

Advantage Assad

FSA fighters can be seen at the borderposts with Lebanon — trying to get awayfrom a battlefield that has turned againstthem, and afraid of the terrible revenge thatthe Assad forces might take. But neither Le-banon nor Jordan is keen to allow formerfighters, who are often defectors, into theircountries as refugees and the United Nationsdoes not seem to have an explicit policy forthem. The collapse of the FSA, combinedwith the entry of Hezbollah (to conduct“self-defence duty,” as one of its leaders Mo-hammed Raad put it), as well as a confidentirregular militia (shabiha), have given theadvantage in the south-west of Syria to theAssad government. Highway 5, along thewestern spine of Syria that abuts the Leba-nese border, will likely be in the hands of theSyrian armed forces within the week (al-though sources say that the army movesslower than it need to so as to exploit everyvictory and build morale among its troops).On November 20, the government forcestook Qara, a major town since it closes offone of the last remaining supply routes fromLebanon for the opposition.

The Syrian army’s advance north towardAleppo was facilitated by infighting amongthe radical Islamists and the remnants of the

FSA. The most radical outfit — the IslamicState of Iraq and al-Shams or ISIS —emerged out of the Iraqi franchise of al-Qaeda and moved from the Iraqi town ofRamadi to the Syrian town of Raqqa, wherethey are now ensconced. Near Aleppo and atAzaz near the Turkish border, ISIS has beenin pitched battles against competing Isla-mist groups such as Jabhat al-Nusra andAhrar al-Sham and an FSA detachment al-Hijra li-Allah. Last week, ISIS fighters be-headed Mohammed Fares, a fighter with Ah-rar al-Sham.

Doctrinal differences

Fine-toothed doctrinal differences be-tween Islamists are opened up by territorialdisputes and divergent governmental styles.Some of these fights are over control over theoil fields in the Al- Jazeera area, with theregime holding the Al-Omar oil field in Deiral-Zour, the Kurds holding the largest field inAl-Rmailan in Hassekeh and Islamists andthe FSA fighting over the remainder (mostnotably in Raqqa). As ISIS becomes moreradical, it turns others against it but, at thesame time, it is more ruthless against itsenemies among whom it includes not onlythe government, but also the other Islamistsand the FSA. Fitna or civil strife is its modusoperandi.

If the Islamists have been weakened nearAleppo, they have been largely expelled fromthe Kurdish areas between the towns of Al-Qamishli and Al-Hasakah in Syria’s north-east. The Democratic Union of Kurdistanand the popular resistance committees(YPG) were given a carte blanche by the

Assad government in the early part of theconflict to ensure that his northern flankwould not be troublesome while he crackeddown on the rebellion in the south. Thatconcession has now turned into a full-blownsecession movement. The YPG and the Dem-ocratic Union have announced the forma-tion of Western Kurdistan — a snub atTurkey (which continues to deny Kurdishaspirations and its vehicle, the KurdistanWorkers’ Party — the PKK) and the IraqiKurdish autonomous region (whose ally inSyria, the Kurdish National Council, crit-icised the move). Western Kurdistan is for-bidden territory for the Assad regime andthe Islamists.

Desperation stalks the horizon of radicalIslamism. The Syrian army’s momentum upHighway 5 has angered the confederates ofISIS and al-Nusra in Lebanon, as it has em-boldened the regime’s allies. Tripoli, innorthern Lebanon, saw fierce fighting alongthe aptly named Syria Street in early Novem-ber, and bomb blasts have returned to thisfragile society. On November 19, two blastsin Beirut claimed close to 30 lives, respon-sibility for which was claimed by an al-Qaedafranchise, the Abdullah Azzam brigade. ISIScontinues its campaign of terror in Iraq, in-cluding night raids in Ramadi to executeIraqi police and army personnel. There aretoo many motives for this violence, and toolittle imagination amongst its perpetrators.

Furious Saudis

As the opposition Syrian National Coali-tion refuses to entertain talks with the Assadgovernment, ISIS threatens death to anyonewho participates in Geneva II. Saudi Arabia’senvoys worry that movement on the nucleardeal with Iran and an entente on Syria withIran at the table would strengthen the politi-cal position of Saudi’s historical enemy. Sau-di princes (Bandar, Faisal and Turki) spreadacross the region to scuttle any attempt tocreate a political process for Syria. Nothingshort of total victory could be allowed bythem (a position that is being mirrored inDamascus as the Syrian army strengthens itsterritorial holdings). Fearful of the implica-tions of ISIS, the Saudis have funded ZahranAlloush’s Army of Islam — but it is too late tothe battlefield. For good reason are the Sau-dis furious with the United States for itsreticence to bomb Syria and encage Iran —Saudi projections have begun to unravel.

Mr. Brahimi’s December date will not bemet. The Syrian army’s advance suggeststhat Mr. Assad will not want a ceasefire be-fore he has taken back most of the cities.Already the area where the rebellion brokeout in 2011 (near Dar’aa) is silent, with theU.N. reporting that there are more Syriansmoving back from Jordan into these townsthan coming across the border as refugees. IfMr. Assad has no appetite for a ceasefire,ISIS and its circle are indisposed to negotia-tions. A weakened FSA and a chaotic SyrianNational Coalition leave the pockets of re-bels across the country vulnerable to hor-rible retribution from both the governmentand the Islamists. Theirs is a precariousstate. The Kurdish YPG has created the basisfor their autonomous region, with controlover some oil-fields and emergent links withIraqi Kurdistan setting up the objective con-ditions for their effective merger. Geneva IIis senseless for them. Nothing here nudgesanyone to Mr. Brahimi’s table. For now, theU.N. envoy sits alone.

(Vijay Prashad is the Edward Said Chair atthe American University of Beirut.)

The Great Syrian Risk GameVijay Prashad A weakened Free Syrian Army and a chaotic

Syrian National Coalition leave the rebelsacross the country vulnerable to retributionfrom both the government and the Islamists

Atonement & recusalIt is quite saddening that thefounder and editor-in-chief ofTehelka, Tarun Tejpal, who heldaloft the torch of investigativejournalism, is now seen to befloundering in an investigation thatquestions his personal ethics.Although the reported sexualassault he inflicted on his womanemployee may lacerate him and hemay personally atone for it byabsenting himself from his job forsix months, he cannot escape fromthe law of the land.

C. John Rose,Arumanai

The alleged acts of Mr. Tejpal arecondemnable, more so because themagazine has always beenvociferous in demanding that thecountry’s democratic and moralvalues be upheld. Managing editorShoma Chaudhury’s response thatit is an internal matter adds insultto injury.

G. Ramachandran,Thiruvananthapuram

You reap what you sow. No tearwould be shed for the plight andpredicament of Mr. Tejpal. The testof one’s character is in practisingwhat one preaches and claims tostand for. The Editors Guild ofIndia is right in saying that “theself-proclaimed atonement” ishardly a remedy.

Sivamani Vasudevan,Chennai

It is sad that Tehelka is in adownward spiral and its top teamhas been accused of wrongdoing.One is reminded of a similarincident that involved sexualharassment in the media — the caseof Bora Zivkovic, a leading light inthe science blogging community,who had helped many sciencewriters, both men and women, yetharassed several women along theway. When one of the women

spoke out, he apologised withoutmaking any excuse. Merelystepping down for a fixed period isnot enough. The law must take itscourse.

Aravinda Pillalamarri,Mumbai

No profession, it seems, has beenleft untouched by charges of sexualmisconduct. Politicians, actors,school teachers, close relatives, ajudge and, now a mediaperson — allhave been accused of harassingwomen. What is wrong with ourattitude? When such incidents arereported, we lose our respect forthe profession to which the allegedperpetrator belongs.

Yogeshwar NagnathraoTompe,Nanded

DivisiveThe honouring of “tainted” MLAsby the BJP and the SamajwadiParty at two separate rallies inUttar Pradesh (Nov.22) is not onlyan ugly show of hatred but also achallenge to our democracy and itsvalues of tolerance. Do politiciansthink that people will appreciatesuch arrogance by glorifying thedeeds of the accused in riot cases?These incidents only show that ourpoliticians will stoop to any level tograb power.

A. Abdul Razack,Perundurai

The three who were “honoured”were allegedly “involved in incitingcommunal riots in the State.”Honouring and patronisingcriminals is the norm with everypolitical party, national or regional,because most of them have sizeablevote banks which are available foran “honourable” price.

Col. C.V. Venugopalan(retd.),

Palakkad

The way the BJP and the SP havehonoured people accused of a

major crime shows the level towhich politics in the country hasdeteriorated. It would be ideal ifpolitical parties boycott suchleaders until they are proven notguilty. But this is just wishfulthinking as there are considerablepolitical gains to be made fromsuch appearances.

Yashwanth Kumar Karri,Visakhapatnam

Surveillance & privacyOf late, snooping, a recenttechnological phenomenonimbibed from the slippery world ofpolitics, has gained notoriety. Oncelatent in its function in espionage,where it helped ensure the stronginternal security system of acountry, it has now assumed globalimportance ignominiously, almostbecoming a threat to peaceful life.The article “Surveillance and itsprivacy pitfalls” (Nov. 22)delineated the ill-effects of thesurveillance system, and helped usto understand the ramificationsthat arise from the interception ofmessages, private, public, state,national or international.

N. Visveswaran,Chennai

The state’s power to snoop isopposed to the spirit of democracy.In many instances, the abuse ofthis power results in suffering forinnocent people. Unwarrantedsurveillance is an indicator of thelowering of ethical standards in acountry. The invasion of privacy isto be condemned and the right ofan individual “to be let alone”should, indeed, be respected.

J.C. Prashantha,Gadag

The article misses an importantpoint. Yes, surveillance is adangerous intrusion into theprivacy of an individual. But themore important issue is whetherthe father and the young woman in

Gujarat wanted it, as is made out inthis particular case. If yes, can theentire state machinery be used forgiving protection to a woman whenmillions in this country do not evenhave protection in ATMs, on publicroads or in their homes?

S.S. Vasudevan,Chennai

ATM securitySecurity personnel on duty at bankATMs are everything that guardsshould not be — lean, weak and old.It is therefore in the interest ofbanks to strengthen the service-provider with better emolumentsto enable them to hire able,efficient and energetic securitymen. In addition, banks shouldhave the necessary infrastructureto ensure a user’s safety. Thereshould be a periodical inspection. Astudy of how ATMs in othercountries operate may help too.

V. Rajagopalan,Chennai

The recent attack on a woman at anATM centre in Bangalore raisesmany security issues. Postingsecurity personnel at all ATMcentres is not feasible. Nor is it foolproof. Entry into ATMs can berestricted to only one user by wayof additional electronic securitymeasure as is done by some banks.The user can open the door byusing his or her card. After he orshe gains entry, the door is latchedautomatically and cannot beopened from outside. If banks arenot in a position to provide round-the-clock security personnelequipped with some arms forresistance, they should reviewtheir policy of opening moreATMs.

I.V. Prabhakara Rao,Hyderabad

The basic rule of ATMs is oneperson using it at a time. It iscommon to see people waitingoutside ATMs getting impatient

and becoming abusive if the user isperceived to be taking time. ATMsmust have suitable arrangementsto lock the door electronicallywhen a user is inside.

A. Balakrishnan,Chennai

Besides strengthening ourinfrastructure, we should alsomove towards a cash-free societythat will eliminate the need to go toATMs in the first place. Withmobile phones ubiquitous in oursociety, we should emulatecountries like Kenya, which usesmobile payments and transfers inday-to-day transactions.

Varad Seshadri,Sunnyvale

50 golden yearsThe article on 50 years of theIndian space programme and thelaunch of India’s first rocket onNovember 21, 1963 (Nov. 21)kindled my sweet memory of thatday. I was 13 then and, along withmy father, J.V. Narayana, anastronomer, and other scientists,was in front of the administrativebuilding of the Indian Institute ofAstrophysics, Kodaikanal, towitness the first-ever spectacularlaunch from Thumba, and itstrajectory. It was a nail-bitingmoment as we scanned thesouthern hemisphere. At about6.30 p.m. or so, we observed agolden yellow mass-like streakpiercing the sky. All the scientistsclapped in joy. They patted me onthe back and conferred on me thetitle “junior astronomer.” I askedmy father why the smoke wasyellow instead of white and he toldme that the mass contained sodiumvapour. When the sun’s rays passedthough it, it dispersed a yellowglow. Now, at 63, I thank TheHindu for helping me recall thatmoment.

J.V.N.K. Subramanyam,Hyderabad

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.T

o view the Assembly elections to the five

States as primarily a pointer to or a rehearsal

for the Lok Sabha election next year is to

downplay the significance of the local, live-

lihood issues at the heart of the current campaign. In

Madhya Pradesh, the largest of the five States, the hero

of the Bharatiya Janata Party is not Narendra Modi, but

Chief Minister Shivraj Singh Chouhan. More than the

corruption charges against the Congress, what seems

to matter for the moment is the performance of Mr.

Chouhan. With two signature schemes, the Ladli

Lakshmi Yojna, which provides financial assistance for

education to girls, and the Kanyadhan Yojna, which

extends financial assistance at the time of marriage,

Mr. Chouhan seems to have won over the support of

large sections of women. If there is any anti-incum-

bency sentiment in Madhya Pradesh, it is certainly not

on a scale that could be a cause of worry for Mr.

Chouhan. But while the BJP is able to make the most of

the successful implementation of State government

schemes, the Congress is struggling to do the same with

its own pet schemes at the Centre. Indeed, credit for

some of the Central schemes is being given to Mr.

Chouhan. The relatively better schemes of the Centre

such as the one under the Mahatma Gandhi National

Rural Employment Guarantee Act, date back to the

first term of the United Progressive Alliance govern-

ment. And other initiatives, such as the Food Security

Act, came rather late in the second term of the UPA.

Over the last eight years, in sharp contrast to the

brief period when Uma Bharti was at the helm, Mr.

Chouhan did shift the focus to development from Hin-

dutva. Voters repaid him with a new mandate in 2008,

and the BJP must be hoping nothing much has changed

on the ground since then. But alongside the battle

between the BJP and the Congress in Madhya Pradesh,

another battle between Mr. Modi and Mr. Chouhan is

being played out. As a fellow-BJP Chief Minister, and of

a State larger than Gujarat, Mr. Chouhan would not like

to cede ground to Mr. Modi in Madhya Pradesh. Of

course, thanks to his greater national visibility, Mr.

Modi will have his own band of supporters everywhere.

But as was evident during the controversy stirred up by

senior BJP leader L.K. Advani against the elevation of

Mr. Modi as a prime ministerial candidate, Mr. Chou-

han could turn out to be a player at the national level as

well. Mr. Advani went out of the way to argue that Mr.

Chouhan was among the best-performing chief minis-

ters of the BJP. A big win in Madhya Pradesh would not

only be a boost for Mr. Chouhan, but might also change

some of the equations at the national level for the BJP.

The importance ofbeing Mr. Chouhan

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MONDAY, NOVEMBER 25, 2013

10 THE HINDU MONDAY, NOVEMBER 25, 2013

BANGALORE

EDITORIAL

The case against accused Editor-in-Chief ofTehelka, Tarun Tejpal, is straightforwardand stark: alleged sexual assault and rape —grave cognisable offences punishable un-

der Sections 354A, 354B, 376, and 376(2) of theIndian Penal Code — in addition to the non-cognis-able offences specified by the Sexual Harassment ofWomen at Workplace (Prevention, Prohibition andRedressal) Act, 2013. The details of what allegedlyhappened inside a lift of the Grand Hyatt, Bambo-lim, Goa on November 7, 2013, the opening night ofTehelka’s Think festival, are chilling in the revulsionthey produce. The victim — a young woman journal-ist employed by Tehelka, who was allegedly luredinto, and imprisoned within, the lift, which was thenmanipulated by the alleged assailant to make it “stayin circuit” — showed both courage and professionalprecision in setting out the details in her letter ofcomplaint to her Managing Editor and “mentor,”Shoma Chaudhury. She also had the presence ofmind immediately to seek solace and solidarity fromthree of her journalistic colleagues and to unburdenherself of what happened. “Confused, hurt and real-ly, really scared” and not wanting to lose her job, shereported for her assigned work the next day and,incredibly, that evening, after the sessions wereover, Mr. Tejpal is alleged to have attempted toreprise the sexual harassment and assault after forc-ing her into the lift. All this plus the harassing andaggravating texts and the emailed “apologies,” oneprivate, the other public, that the alleged assailantand rapist sent her seem to make the criminal caseagainst Mr. Tejpal unassailable.

The Goa Police have gone about their duty underthe law of the land with professional dispatch andthoroughness. This must have been made easier bythe fact that the duty, what precisely they are boundto do in respect of laying a First Information Report(FIR) “upon receiving any information relating tocommission of a cognisable offence”, has been clar-ified in a recent judgment by a five-member bench ofthe Supreme Court of India. On the other side, theTehelka editorial management has behaved dis-gracefully, with a mixture of obfuscation, denial,evidence-suppression, and cover-up. In an emaildated November 20 to her subordinate editorialcolleagues, many of whom by then were evidentlywell-informed on what had actually happened, MsChaudhury characterised the alleged sexual assaultand rape as “an untoward incident”; she went on tosay that Mr. Tejpal, “though he…[had] extended anunconditional apology to the colleague involved,”would be “recusing himself as the editor of Tehelkafor the next six months.” The Editor-in-Chief at-tempted to lighten the situation for himself by ad-mitting to “a bad lapse in judgment, an appallingmisreading of the situation,” for which he awardedhimself the penalty of “atonement…the penancethat lacerates me,” recusance from the editorship ofTehelka and from the office for six months. Thelatest instance of an appalling misreading of thesituation and worse is for a member of Mr. Tejpal’simmediate family to barge into the house of thevictim’s mother and put emotional pressure on her,harass her with a demand for sensitive informationand also for some kind of internal settlement so as toescape from the clutches of the law. The victimherself has stepped forward to protest, in an emailsent to this newspaper and to some other mediaorganisations, against this flagrant attempt to harassand intimidate her and her family. This alsoamounts to tampering with evidence, a seriousoffence.

The law must and will take its course but mean-while there are practical issues to be attended to inthe wider media world. The most vital among themis the protection of the identity of the young womanjournalist, the victim of alleged sexual assault andrape. Her letter of complaint and other sensitivecommunications have been leaked from within Te-helka and are in the public realm, and we mustassume that all this has been done for a very goodreason, to defeat the obfuscation and the cover-up.The expressions of solidarity with the victim, fromacross the board, following the leak are heartening.But on the other hand, all the relevant players — themainstream media, the bloggers, and the socialmedia folk — need to exercise greater restraint andcare than they have shown so far to protect thevictim’s identity, as the law requires them to do.Then there is the fate of Tehelka as a multi-mediaorganisation, a spirited and irreverent venture withan investigative and muckraking focus. It may be in aprocess of unravelling, considering the exodus oftalented journalists that has been reported in thesocial media. Fresh, and surely some investigative,attention will be paid to the ownership of the ven-ture, its political connections, and so forth. Legaltroubles aside, it will need a particularly thick hidefor the Tehelka management to allow Ms Chaud-hury to continue in her job. But fairness demandsthat there should be no open season on the newsorganisation itself. All that we know suggests thatmany of the victim’s colleagues, young, middle-ranking, and senior journalists, have stood by her,and in doing so, have helped to set public conscienceand the law in motion. They have acted as goodprofessionals, journalists with integrity — and moreimportant in this case, as good citizens. Contrary towhat some shrill voices in the social media insin-uate, this is decidedly a case of the news media notresorting to ‘double standards’.

The unassailablecase against Mr. Tejpal

The Goa government and police havetaken the right step in filing a FirstInformation Report (FIR) againstTarun Tejpal, Editor-in-chief of Te-

helka magazine, for sexual assault on a wom-an colleague while she was fulfillingwork-related responsibilities. Sexual offenc-es are cognisable crimes and the state is dutybound to take action if the information ofsuch a crime is in the public domain. Tehelkahas often advocated the rights of women andother sections of the marginalised and there-fore its admirers are shocked and angered atthe ethical and moral collapse of the orga-nisation as soon as it was called upon to usethe same standards for itself as it had rightlydemanded of others.

All too often, because of the nature of theoffence, reporting of a sexual crime dependson whether or not the victim of the crime isable to speak about it and report it and it is ashocking reality that this heinous crime isalso one of the most under-reported. Thereasons are many. Social stigmatisation,traumatising legal procedures, the hostile at-titude of public officials, discouragementfrom families and friends who want to pro-tect the victim from the toll that fighting acase may impose on her, are some of the oftencompelling factors that impose silencearound the crime. This, in effect, works to thebenefit of the perpetrator of the crime. In thecase of a working woman, almost always anemployee subordinate to the man who hassexually assaulted her, reporting the crime isall the more difficult because of the appre-hension that it would involve, in addition toeverything else, the loss of livelihood. In caseafter case this is what happens: the womanwho dares to complain of sexual harassmentagainst her boss loses her job.

The young woman journalist in the Te-helka case showed exemplary courage in re-porting the crime to thesecond-in-command, the Managing Editor,Shoma Chaudhury. But she was let downagain by those she had trusted. Ms Chaud-hury, who received her complaint, chose toaccept the farce of an apology offered by Mr.Tejpal, chose to whitewash his crime, choseto accept his self-serving, self-decided, self-imposed punishment of a six-month sabbat-

ical. She further defended her decision by theoutrageous statement that “it was more thanwhat was asked for” — after all, he didn’t justapologise, but look, there’s atonement too,six whole months of not being the Chief Boss.If other rapists locked up in the jails of Indiahad been beneficiaries of such an approach,they would all be lining up at the doors oftheir victims, offering their apologies, prom-ising months of atonement. It is easier afterall to atone in the circle of loving friends andfamilies than to face the law and the conse-quences of your crime.

The crime is rape

And make no mistake, going by the victim’scomplaint under the amended Indian PenalCode’s definition of rape in Section 375B readwith Explanation 1, the crime committed wasrape, which if proved, gets the accused a jailsentence of a minimum of seven years. Fur-ther, under the amended law, under Section376(2)(f) of the IPC where the offence of rapeis committed by a “relative, guardian, teach-er, or a person in a position of trust or author-ity” and also under Section 376(2)(k) where“anyone being in a position of control anddominance over a woman commits rape onthe woman” the offence is considered an ag-gravated form of rape and the punishment isenhanced to a minimum of ten years. TheTehelka case would invite these provisions.

The gravity of the offence was sought to beconcealed by Tehelka in another way too, andregretfully some women activists and womenlawyers, in their misplaced arguments onseveral television channels, became party tothis exercise in deception. It was put out thatthe complainant herself would prefer thatthe case be referred to an in-house commit-tee mandated by the law against sexual ha-rassment at the workplace. Actually the Act isin limbo as the Central government has failedto draft the Rules. Since Tehelka did not havesuch a committee, it set one up within a day.This was then showcased as a serious effortby Tehelka to address the grievance of theyoung journalist.

Ambit of the 2013 Act

This law, known as the Sexual Harassmentof Women at Workplace (Prevention, Pro-hibition and Redressal) Act, 2013 is based onthe Vishaka judgment of the Supreme Courtof India. It was meant to serve the purpose ofgetting quick justice to women employeeswithout the lengthy procedures of a courtcase — in cases of sexual harassment of alesser degree, which come under the anti-molestation clause of the IPC. This is clearfrom the very definition of “sexual harass-ment” in the Act ranging from “physical con-tact or advances” to a “request for sexualfavours” or “making sexually coloured re-

marks.” They are all offences in themselves,but are certainly not to the degree of thecrime of rape. But more importantly, the Act,which is designed to find a civil remedy, has aspecific clause that makes all cases under itnon-cognisable.

Under Clause 27(1) of the 2013 Act, “nocourt shall take cognizance of any offencepunishable under this Act save on a com-plaint by the aggrieved woman or on author-ity of the Internal Committee.” Clause 27(3)specifically states that “every offence underthis Act shall be non-cognisable.” These areambiguous clauses in the Act that could beread as a nullification of the mandatory re-sponsibility of the State to take suo motunotice of a cognisable crime, such as the of-fences figuring in the Tehelka case. It wouldbe a mockery of the struggle of working wom-en for justice if the Act were to become aninstrument to reduce the gravity of a cognis-able crime such as rape, which should betried under the relevant anti-rape laws. Itwas not to provide justice to the victim but toprotect the accused, in this case the boss, thatsuch a case was going to be referred to aninternal committee. However, events haveovertaken this attempt to underplay thecrime, and the processes of law have alreadystarted with the filing of the FIR.

Agency and the law

The other argument advanced to supportTehelka’s handling of the case is that a com-plainant has “agency,” the capacity to takeher own decisions, and that therefore if shechooses not to report the crime to the policeand chooses other ways of finding justice oreven remaining silent, that is her businessand should be respected.

The assertion of agency by a rape victim inrelation to the action to take against hertormentor requires that she has full informa-tion of the different laws, that she has thetime to think things through, the pros andcons of not going to the police to file a com-plaint. Was she informed that the 2013 Actagainst sexual harassment deals with offenc-es of a lesser nature? Was she informed thatthe punishment under the Act could not inany way match the crime that was inflictedon her? Did she know that her job was pro-tected by the law? Was she offered the bestlegal advice and support to fight for justice?Without such a framework, the use of theargument of agency ends up as a shield toprotect the accused from being prosecutedunder the anti-rape laws.

In cases such as Tehelka, it is essential forthe organisation and management to advisethe victim to file a case with the police and toprovide all legal help, which would betterhelp her make an informed choice. In fact,the employer herself under the Vishaka judg-ment had a duty to report the offence to thepolice. Men in positions of power, who usethat position to exploit women employees forsexual gratification cannot be allowed to getaway with it.

And what about Gujarat?

There is also a political dimension to this.Since Tehelka’s sting operations had exposedthe Bharatiya Janata Party’s corruption andunderhand dealings, the present case hasprovided the BJP with an opportunity to hitback. In fact, the case highlights the doublestandards being used by that party. If in thiscase the Goa government run by the BJP cantake suo motu notice of a cognisable crime,why is the same alacrity not being shown inGujarat, also led by the BJP, where in vio-lation of the law a young woman known tothe Chief Minister was reportedly put underintense surveillance by the Anti-TerroristSquad, on his orders? This constitutes a cog-nisable crime that requires the State to file anFIR for the violation of Section 5.2 of theIndian Telegraph Act and possibly of Section354D(ii), which deals with the offence ofstalking a woman under the amended IPC.The crimes differ but both are cognisable andtherefore the same processes of law shouldbe as applicable in Gujarat as they are in Goa.

(Brinda Karat is a member of the PolitBureau of the Communist Party of India andformer Member of Parliament.)

Issues of sexual assault: the Tehelka caseBrinda Karat Tehelka tried to conceal the gravity of its

Editor-in-Chief’s alleged sexual assault,which is rape under the amended IPC. Ittried to divert attention to an inquiry by anin-house committee mandated by a 2013 lawmeant to protect women in workplaces. ThisAct deals with sexual harassment of a lesserdegree, the offences under it are non-cognisable, and it is in limbo since thegovernment has failed to draft the Rules.

HarassmentIt is clear that people in high placeswill do anything to save their skinby using all means, fair or foul; thatMr. Tarun Tejpal is no exception tothis rule has been shown as thevictim now seems to be underpressure and intimidation (Nov.24). The case should be taken to itslogical conclusion and he shouldnot be let off lightly.

V. Padmanabhan,San Jose, CA

While it is understandable that theidentity of the victim has beenconcealed, it is not convincing whythe media, the police and Tehelkaare not coming out with whatexactly happened. Further, it looksas though there are many forcestrying to “lighten the offence” witha view to protecting the accused.

S. Devarajan,Chennai

Henry Kissinger once said: “Poweris the great aphrodisiac.” How righthe is! With growing instances ofsexual abuse coming into thelimelight, it is obvious that theissue is acquiring epidemic-likeproportions. What is sad is thatthere seem to be no checks andbalances that appear to restore theconfidence of women. Nothingseems to have come out of the massprotests following Delhi 2012.

Siby K. Baby,Angamaly

The Tehelka case shows that sexualharassment is no longer an issue

that can be swept under the carpet.What has happened is an exampleof power politics and where womencontinue to be harassedirrespective of caste, class, regionor country. Also, right from theAnita Hill case in the U.S. to thisone, the unfortunate fact is that thevictim is always left to flounder inthe deep end. The lesson from allthis is that every organisation mustdevelop its own women’s cell tolook into and act on women’sissues.

Priyanka Chakrabarty,Guwahati

From an editor to a politician to aretired Supreme Court judge, everypillar of our democracy seems tohave flaws when it comes toensuring women’s rights andsafety. The Tehelka episode showsthat enacting stringent laws isinsufficient unless we implementthem in a wholesome manner.

Mohammed Yunus Mulla,New Delhi

There is no atonement for sexualharassment except imprisonment.The incident, which has triggerednational outrage, cannot bedownplayed as an internal affair ofthe organisation nor can themanagement assume the role ofthe judiciary to award punishmentto suit its whims and fancies.

P.K. Varadarajan,Chennai

Recently reported cases of sexualharassment of women reveal asickening pattern. The victims are

educated middle class and theaccused are influential personsworking in the judiciary, politicsand the media. The most worryingaspect has been the reluctance ofthe police to order a swiftinvestigation even after the victimsreveal their ordeal in public,presumably on account of thepolitical clout and power of thealleged perpetrators. One shuddersto speculate on the number of casesof sexual harassment involvingpoor women that would have beenhidden from public view simplybecause the police were afraid toquestion powerful people.

V.N. Mukundarajan,Thiruvananthapuram

Canada on IranThis refers to the article “Standingwith an oppressed people” (Op-Ed,Nov.23). It is commendable thatCanada is seeking to bring the issueof human rights in Iran to theforefront. But the biggest injusticesbeing caused to the people of Iranare the crippling sanctions beingimposed by the West at the behestof the U.S. This also shows theineffectiveness of the U.N. Second,before asking Iran to ratify theConvention against Torture,Canada must first make India ratifyit — a reason of shame for ournation where third-degreemethods are constantly used forinterrogation.

Finally, regarding the lack ofparticipation of women in publiclife and politics, the problempersists in all Islamic nations,

including Canada’s close ally, SaudiArabia. While the intention is right,singling out Iran seems unfair,especially when even the U.S. hasnot ratified the convention oneliminating discrimination againstwomen.

N. Sadashiv,Kochi

The total emancipation of womenin Iran appears to be a distantdream. The black veil that womenwear is a visible sign of a retrogradestep in the effort to free the peoplefrom cultural oppression.President Rouhani would do wellto declare wearing the veil optionalor voluntary. This will go a longway towards their emancipation.

G. Azeemoddin,Anantapur

Boost for Indian Navy“The promise of Vikramaditya”(editorial, Nov.21) was interesting.A carrier-centric surface fleet and asubmarine force have to coexistespecially as countries along theIndo-Pacific region are makingtheir aggressive ambitions known.Therefore, the Indian militarydoctrine should be one that workstowards making our maritimedefence impregnable.

With India facing pressure toexpand naval policing that includesanti-terrorism operations,safeguarding our coastal assets willnow receive a boost with the newarrival.

R. Sampath,Chennai

New king of chessMagnus Carlsen dethroningViswanathan Anand heralds a newera in the game of chess. Thechampionship testifies that formmatters more than experience, andwill go down in history as a keenlycontested one while highlightingthe generation gap.

Prabhu Raj,Chennai

Had Anand played the “Clinging”reputation attributed by chesspundits we would have got anextended plot with moreinteresting twists and turns. Butthat was not to be. Anand doesn’tplay to the whims and fancies ofchess critics and has his own way ofplaying. He just lost against abetter competitor.

Rajesh K.P.,Palakkad

Losing to a promising youngsterfrom Norway is no setback. Anandwould also do well to trainyoungsters. The fact that there wasan encouraging response from theyounger generation proves this.Such a positive temperament willbe good for the game and India.

V.K. Narasimhan,Secunderabad

The Hindu must be congratulatedon its excellent coverage of theworld chess championship. Theexpert commentaries added valueto the pages.

S. Ganesan,Pudukkottai

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

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TUESDAY, NOVEMBER 26, 2013

10 THE HINDU TUESDAY, NOVEMBER 26, 2013

BANGALORE

EDITORIAL

This week, West Asia has taken a small step

away from the nuclear noose. The nuclear

agreement between Iran and the five perma-

nent members of the United Nations plus

Germany — the so-called P5+1 — puts some breathing

space between Iran’s nuclear ambitions, and the pros-

pect of a West Asian nuclear arms race which would

have locked it into lethal competition with Saudi Ara-

bia and Israel. Yet, it is important to understand that

this is just a reprieve. Iran and the P5+1 now have

signed an interim agreement, which will expire in six

months unless both sides negotiate a comprehensive

deal. In those six months, Iran must halt enriching

uranium above 5 per cent, freeze its stockpile of 3.5 per

cent enriched uranium, and neutralise the uranium

already enriched to 20 per cent — the kind that can,

with relative ease, be further enriched to a grade that

could be used to produce nuclear weapons. Iran must

also halt activities at the Arak reactor, which can poten-

tially produce plutonium for nuclear weapons, and

permit escalated inspection activities by the Interna-

tional Atomic Energy Agency, including daily inspec-

tions of all facilities. In return, the P5+1 will free up

some $6 billion of Iran’s frozen foreign assets and ease

insurance-related restrictions that have crippled the

country’s oil exports. Additionally, the United States

Congress has to agree not to impose any new sanctions

on Iran. This interim agreement is the result of months

of painstaking secret diplomacy and one both Iranian

and American negotiators can be satisfied with. How-

ever, there is very hard work ahead.

The challenges ahead are indeed huge. The interna-

tional regime that was intended to control the prolifer-

ation of nuclear weapons has steadily frayed over the

decades, as ever more states have sought the ultimate

insurance against what they see as existential threats.

Experts are divided on the risks proliferation poses:

some argue the possession of nuclear weapons raises

the risks of war to unacceptable levels, forcing states to

behave responsibly; others that the dangers are simply

unacceptable. As for India, it is critically important

that the next step is taken — the conclusion of a com-

prehensive deal. Energy-deficient India needs Iran’s

gas and oil. It also needs oil and gas from other major

states in the region, like Saudi Arabia and Iraq. India

simply cannot afford geo-strategic volatility in the re-

gion, let alone a nuclear-weapons race. The energy-rich

states of West Asia form part of India’s near-neigh-

bourhood. It is clear that New Delhi has real stakes in

making sure Iran and the P5+1 succeed — and must

exercise all the influence it can, to that end.

Reprieve from the nuclear noose

The Supreme Court’s recent move toset up a Civil Services Board for themanagement of babu promotionsand emoluments, granting fixed

tenure to them, and freeing them of the obli-gation to obey oral orders from the executive— though a boon to honest bureaucrats whoare transferred frequently — has the poten-tial to bring within its wake more harm thangood. The Supreme Court has replaced theincreasingly erratic and unresponsive exec-utive power with the rule of the judiciary.

Government to blame

Serious issues with this judgment chal-lenge the very core of democracy and that ofParliament’s legislative authority. The UPAgovernment — which through incessant cor-ruption has destroyed executive institutions— is to share the blame for this judicial en-thusiasm. A society which evades its respon-sibility by thrusting upon the courts thenurture of its spirit will eventually cause itsspirit to perish. By creating a governancevacuum, the UPA has voluntarily ceded itsturf to the judiciary. It implies that an ad-ministrative policy paralysis suffered by thecountry in the hands of the present govern-ment has compelled the judiciary to go intomatters pertaining to administrativereforms.

First, the Supreme Court has assumed it-self to be superior to Parliament and is di-recting Parliament to enact new laws whichseems to be violative of the fundamentalprinciple of Separation of Powers. Althoughthe court has used this power very rarely, it isnot a valid argument for using it even once,because assuming another democraticwing’s characteristic power has seriousconsequences.

There is no clarity on how this petitionwas maintainable under Article 32. Article32 is a judicial safeguard for the enforcement

of fundamental rights. Administrative re-forms, though abundantly desirable, cannotbe classified as “fundamental rights” of acitizen, in a very basic application of consti-tutional law.

The petitioners — former Union CabinetSecretary T.S.R. Subramanian, former ChiefElection Commissioners T.S. Krishnamur-thy and N. Gopalaswami, former Indian Am-bassador to the U.S., Abid Hussain, formerCBI Director Joginder Singh, former Mani-pur Governor Ved Prakash Marwah and 77others — are a few individuals who claimedto know the exact mechanics that are mostsuitable for the functioning of the executive,in accordance with “public interest,” andasked the court to issue binding orders to thelegislature to control the executive. So, fewerthan 100 citizens — not legislative experts —essentially asked the judiciary to overreachinto the domain of the executive. Are thefour legs of a democracy not needed to beindependent of one another any more? Withdue respect to the Supreme Court, by direct-ing Parliament to make laws it is clearlyundermining the legislative authority ofParliament.

On legal reasoning, the court has beenambiguous at the very least. The Bench hasrelied heavily on various AdministrativeCommission reports — the 2004 Hota Com-mitee on Civil Service Reforms, the 2008Second Administrative Reforms Commis-sion, the 1997 Conference of Chief Ministerson Effective and Responsive Administrationand the 1968 All-India Service ConductRules. By merely reiterating the reports of

government-appointed bodies and directingParliament to enact a new law, the judiciaryhas essentially ignored the limited scope ofits power, that is, not to encroach upon theconstitutional authority of the legislature.

The order in passing refers to the 2006judgment in Prakash Singh and Others v.Union of India to establish its jurisdiction toissue orders of this nature according to Arti-cle 32 read with Article 142. Article 142 dealswith procedural aspects and the two words“complete justice” cannot enlarge its scope.In construing the expression, “complete jus-tice,” the scheme of the Article should belooked into. It is not right to construe wordsin a vacuum and then insert the meaninginto an Article, explains Dr. R. Prakash in thetreatise “Complete justice under Article142” published in 2001.

Poor implementation

Now, we come to the question of imple-mentation. Where the UPA has methodicallythwarted systems, what could be better thana multi-member independent Civil ServicesBoard in theory? One in practice! In PrakashSingh and Others v. Union of India, the Su-preme Court gave similar orders on policereforms, directing State governments to im-plement the order in six months from itspassage, but seven years hence none of theStates has actually implemented the order.State politicians can challenge its establish-ment on the ground of intrusion into Staterights. Even in States where Civil ServiceBoards have already been constituted — as inUttar Pradesh — arbitrary transfers and

postings are the prevalent norms. Since2008, Uttar Pradesh has also had a transferpolicy. But random transfers — often to pun-ish “erring” officers — are the norm. The caseof Durga Shakti Nagpal is the most recentexample of the fact that even establishedboards have little force when facing politicalwill.

Some of what the court suggests as safe-guards are already available to civil servantsbut they have been used rarely. For instance,an officer can record any minister’s oral in-structions to him and send them to the min-ister for confirmation. One cannot really sayif it is more the threat of transfer or theincentive of a patron-client relationship fair-ly early in their bureaucratic career thatstops officers from using this provision. It isnot certain that governments will do whatthe court has ordered. If the legislationasked for is not passed in three months,whom will the court haul up? The ChiefMinister or the Speaker? That could provokea constitutional crisis. Assuming that powercomes with responsibility and accountabil-ity, should orders that are not enforceable beissued?

The Supreme Court order is not going tochange the nature of the senior bureaucracy.The Cabinet, instead of the Civil ServicesBoard, continues to have control over ap-pointments made at the highest level. Aslong as bureaucrats are willing to twist andbend before politicians to get their choice oftop postings at the end of a 25-year-longcareer, the bureaucracy can never be im-mune to political interference, and let’s notforget post-retirement incentives. Not onlyincentives, there is fear too. If civil servantsbegin to believe that even years after retir-ing, they can be criminally prosecuted for amistake made in good faith or for a bona fidedecision taken on the basis of the data thatwas available, there will be serious repercus-sions on the morale of serving officers.

Also, fixed tenure takes away the privilegeof Ministers to work with the best officers oftheir choosing. No system should prevent aChief Minister from choosing his own Secre-tary and the Chief Secretary of the State.When there can be alternative proceduralsafeguards to save honest officers from ar-bitrary transfers, why impose less-able offi-cers on Ministers? Take the example ofPrime Minister Manmohan Singh who re-placed his Finance Secretary and Chief Eco-nomic Adviser, and put together his team. Isthat flexibility to be always denied to aMinister?

While it is necessary to stay the hand ofpoliticians, so is it important to reform thebureaucracy. For instance, one-third of theAll-India Service officers are “conferred IASofficers” promoted from the State services tokey positions such as District Collectors,Secretaries to government and heads of de-partments. The three to five year security oftenure in key assignments enjoyed by con-ferred IAS officers is absolute — an almostsure-shot recipe for dishonesty and lack ofintegrity.

Can you consider the perils of a politicallyweak future government where every Minis-ter would be answerable to the bureaucratsfor the transfers he orders to ensure betteradministration? The danger of a countrythat is ruled by the judiciary is bested only bythat which is ruled by the bureaucracy —voters cannot end their tenure in office ev-ery five years!

(Pinky Anand is a Senior Advocate.)

Keeping politicians at bayPinky Anand The bureaucracy can never be immune to

political interference as long as bureaucratsare willing to twist and bend beforepoliticians to get the postings of their choice

On TehelkaThe Hindu has rightfully taken anethical stance on the reprehensiblebehaviour of Tarun Tejpal, whichhas affected the credibility of themedia (“The unassailable caseagainst Mr. Tejpal,” Nov. 25). Whatan abysmal fall for the TehelkaEditor-in-Chief, from being acrusader purporting to be theconscience of the country to areprehensible predator who standsaccused of raping a juniorcolleague and employee the age ofhis daughter!

Though a captain of the media,he completely disappeared frompublic view when his alleged sleazydeeds were revealed. Theprevarication by Tehelka’sManaging Editor ShomaChaudhury, when she should havestood by the victim, seems to havebought time for Mr. Tejpal to beginthe cruel character assassinationthat every sexually harassedwoman sadly has to face in thiscountry. While the victim hasshown courage in resisting Mr.Tejpal’s tyranny, the blithe silenceof the usual speakers in thecorridors of power is revealing.

B. Vinod Kumar,Bangalore

L’affaire Tarun Tejpal is anunfortunate chapter in the historyof Indian journalism. It hasdamaged the credibility ofinvestigative journalism androbbed the reputation andreliability of Tehelka. The Tehelkamanagement committed a doubledefault by not constituting acomplaints committee, and notreporting the matter to the policeeven though the complaint by thewoman journalist was a cognisableoffence. The Goa police have donethe right thing by registering anFIR. The Tehelka managementshould desist from doing anythingto influence the complainant or herfamily, and allow the law to take itscourse.

S.V. Venkatakrishnan,Bangalore

The Tehelka episode has provedthat sexual harassment is deeprooted in every strata of society.The journalist has indeed showncourage in bringing the matter tothe media’s attention. One hopesjustice will not be delayed for years.

M.C.S. Pavan Kumar,Bangalore

The police and courts should actfast to bring the case to its logicalconclusion. The morale of workingwomen has received a boost afterthe swift police action in the case.Acts of sexual assault andharassment have increased.Almost no day passes without suchincidents. The need of the hour isaction on the ground to preventsuch incidents, not knee-jerkreaction following a high-profilecase.

D.V.G. Sankararao,Vizianagaram

Congratulations to The Hindu ontaking a forthright stand on theissue of sexual harassment ingeneral and the Tarun Tejpal casein particular. The episode remindsone of the Shakespearean saying,“one may smile, and smile, and be avillain.”

That said, a word of caution is inorder. Let not the anger against theincident lead to the conclusion thatall men are evil and that they willhave to be punished, whatever theveracity of the proof. We need to bewary of the possible misuse of thesexual harassment law.

Aiyer Raju Sreenivasan,Srirangam

Turning point for IranIran’s historic deal on its nuclearprogramme (Nov.25) with the U.S.and five other world powers is afantastic example of how constantengagement, dialogue anddiplomacy yield rich dividends inensuring peace. To think that thealternative was war makes this allthe more impressive.

One must also appreciateBritain, Germany, France and

especially the U.S. in bypassing theprotests of their trusted WestAsian ally, Israel, as well as thepowerful Jewish lobby in inkingthe deal. It is regrettable that Israelis still pessimistic and overlookingsome positive aspects of the deal.One is optimistic that the six globalpowers will also do their best infinding a peaceful solution to thePalestine problem.

C.A.C. Murugappan,Kothamangalam

The whole world was indeedwaiting with bated breath inanticipation of the ground-breaking nuclear deal that wasfinally struck on Sunday, andprincipally involving Iran’s mainantagonist. There are severalpositive spin-offs, the mostimportant being the fading of warclouds that were gathering over theMiddle East and in turn affectingthe world of commerce. For India,it could spell the revival of thestalled Iran-India gas pipelineproject and rekindle trade andcommerce. Despite the lone anddiscordant tone struck by Israel,one hopes that it can be won overand made to see the benefits ofengaging with peace.

The Hindu must also becongratulated for featuring thispositive story on its front page andwith perspectives.

Shahabuddin Nadeem,Bangalore

Iran’s landmark nuclear deal withthe West paves the way for globalpeace and security. It hasestablished beyond doubt thatnegotiations will always win theday in resolving bilateral and globalissues. Iran, the U.S., China, theU.K., Russia, France and Germanydeserve credit for this. Thedecision of Iran and the U.S. toreach a compromise makes thisworld a better place to live in.

B. Prabha,Varkala

What a good deal it is for Iran!India will also welcome it as it will

ease the pressure on us in terms ofpaving the way for smooth energyties.

President Obama’s supporterswill celebrate the deal as his secondforeign policy victory this year,after the threat of air strikes thatforced Syria to begin thedestruction of its chemicalweapons.

Madan Menon Thottasseri,Chennai

The agreement is a victory forIranian President Hassan Rouhaniand a win-win situation for bothplayers. Russia’s growing cloutwithin the Middle East along with asensible understanding by theWest of the volatility of thesituation made it all possible. Therest of the world is thankful that allleaders negotiated this in apeaceful way. Intransigence andarrogance never work. It is a greatlesson for the internationalcommunity that patience andcredible dialogue will ensure amore harmonious relationshipbetween warring nations. Let thisdeal also be the first step towardsensuring larger peace in thetroubled Middle East.

Tito Pulikkottil,Thrissur

Opinion pollsThe Hindu’s initiative to bringsome of the established parties inTamil Nadu under one roof todiscuss the effectiveness of opinionpolls is welcome (Nov. 23). The factis that opinion polls are opposed byparties that are headed for thelosing trail. It is also a fact thatthere are many voters who keeptheir choice a secret and reveal itonly on the day of voting.

Some polls are done in anunscientific manner, to promote aparticular party and are funded byvested interests. Opinion pollsconducted in an unbiased mannerwill promote democratic valuesand point to a possible outcome.

G. Ramachandran,Thiruvananthapuram

Today, most media houses seembiased. The political awarenessspread by well-organised,scientific, transparent andresponsible opinion polls will bemore trustworthy than biasedopinions by the media.Additionally, pre-electionfeedback will help political partiesimprove their stand. Opinion pollsneed to be promoted.

Premjeet Kumar Barnwal,Patna

There is nothing wrong inconducting opinion polls. Let usremember this fact. It is theperformance of the governmentover five years that largely decideselection results. Opinion polls areconducted using select sections ofthe population. Therefore, to saythat they will influence a voter iserroneous.

T. Anand Raj,Chennai

Worthy championMagnus Carlsen’s FIDE triumph isinteresting in another way. Itshows how the balance of power inchess, once the stranglehold of theformer Soviet Union, has nowshifted to countries like India andNorway. The Norwegian willundoubtedly inspire a whole lot ofplayers just like ViswanathanAnand did in the last decade.

The Hindu’s exhaustivecoverage before and right throughthe contest was a treat. “Chessdecoded” was an added attractionand unplugged the mysteries of“moves” and “powers.”

A.V. Narayanan,Tiruchi

While the defeat of ViswanathanAnand was disappointing, we mustrespect Carlsen, the new wonderboy of chess. His calm way of approaching thegame was inspiring. Hisunflappable temperament belieshis age.

S. Janakiraman,Coimbatore

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.M

agnus Carlsen scaled the pinnacle he was

expected to in Chennai. It was only fitting

that the strongest rated player in chess

history owned the world title, taking over

the reins from a five-time champion he admires and

respects. Viswanathan Anand, too, understands very

well that there is no shame in losing to the best on the

planet. And Carlsen, who turns 23 this week, is threat-

ening to raise the bar further. If chess players are

known to mature in their 30s, then the chess world

expects the prodigiously gifted Norwegian to gain an-

other 28 points to breach the magic rating figure of

2900. But the champion seems in no hurry. Unlike

many of his great predecessors, Carlsen finds time to

play football and basketball to get away from chess.

During the championship match, Carlsen would hop

across to the mall next to his hotel for a few rounds of

nine-pin bowling. He handles pressure better than any

22-year old has done at the very top in chess in recent

times. In the last two years, Carlsen has won most of

the tournaments and finished second-best in the rest.

His ability to keep finding the best moves in every

position is mind-boggling. Much like former world

champions Emanuel Lasker and Jose Raul Capablanca,

Carlsen is not known to have a strong opening reper-

toire. What sets this youngster apart is the consistency

with which he manages to grind his rivals in long

battles to force that decisive error. Anand courageously

walked into Carlsen’s comfort zone but was ambushed

twice in succession.

Then again, Anand, just a fortnight away from turn-

ing 44, has achieved everything that the sport has to

offer. The world title in three different formats, the No.

1 ranking and a complete collection of elite titles — all

adding up to give him a place in the pantheon of greats.

In the last 26 years, Anand transformed himself from a

‘lightning kid’ to a path-breaker who made a nation

believe that chess mastery was not the hegemony of a

select few countries. By staying in the world’s Top 10

list from July 1991 till date, Anand has proved that even

consistency can be recession-free. Since regaining the

world title in 2007, Anand concentrated more on de-

fending his crown and did not play tournaments with

the same verve and intensity. But in spite of the Indian

maestro’s dwindling rating and form, his popularity

remains unaffected. The way he has conducted himself

as a champion is an example hard to emulate. Looking

ahead, it is tough to predict whether Anand will have

another crack at the world title. His priorities will

decide his level of motivation. For now, it is time to give

the former champion the space and time to review his

career and future. It is also time to sit back and enjoy

the post-modern Carlsen era.

Dawn of theCarlsen era

CARTOONSCAPE

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WEDNESDAY, NOVEMBER 27, 2013

10 THE HINDU WEDNESDAY, NOVEMBER 27, 2013

BANGALORE

EDITORIAL

The story of Rajesh Talwar and his wife Nupur

Talwar is a modern-day tragedy: from a suc-

cessful professional couple who doted on

their teenage daughter, they have now come

to be described as filicidal freaks who “extirpated” their

own progeny. The two dental surgeons have been sen-

tenced to life terms for murdering their 14-year-old

daughter Aarushi, and domestic worker Hemraj, in

May 2008 after detecting a sexual liaison between the

girl and the live-in help. And, according to the verdict,

they hid the servant’s body on the terrace, dressed up

the crime scene, secreted the weapons used — a golf

club and a surgical scalpel that surfaced long after the

probe began — and misled the police by giving a com-

plaint that Hemraj was missing and was therefore the

culprit. The investigation begun by the local police was

widely seen as a botch-up: it took them a whole day to

come to know that the body of the ‘suspect’, Hemraj,

had been lying on the terrace all along; the crime scene

was largely unprotected. The judgment caps a see-saw

investigation in which more than one theory was

probed and none could be confirmed with cogent evi-

dence. At one stage, the Central Bureau of Investiga-

tion, which took over the probe from the Noida police,

gave other suspects a clean chit and said the Talwars

were indeed involved, but it had no prosecutable evi-

dence against them. It filed a closure report, but the

court rejected it and went ahead with the trial based on

available circumstantial evidence.

The defence raised several doubts about the prose-

cution version, including the absence of a motive, and

claimed that alternative possibilities were ruled out

without adequate investigation. Ultimately, the court

went by the fact that they had no explanation for the

“incriminating circumstances” in which they found

themselves. They were the only ones in the house at the

relevant time, as the two remaining occupants were

dead. And there was no sign of a forced entry. The trial

court’s conclusions will be tested in the High Court on

appeal. Like other sensational cases — a term that

invariably refers to ones on which the media bestow

extra attention — this case too saw the mainstream and

social media resorting to wild speculation and heated

discussions. Normally, trial court judgments are ex-

pected to give a quietus to all doubts about the guilt or

innocence of suspects, but given the media frenzy, it is

doubtful whether the outcome turns only on evidence

in such cases. Alternative theories abound in the public

domain, making it difficult for investigators and judges

to go solely by the quality and adequacy of the evidence,

and not be influenced by public opinion. They have a

duty to convince the public at the end of the trial that

they have allayed all reasonable doubts.

The Talwar tragedy

Asia’s balance of power will be deter-mined principally by events in EastAsia and the Indian Ocean. In thislight, the emerging Indo-Japanese

entente is likely to help shape Asia’s strate-gic future as much as China’s ascent orAmerica’s Asian “pivot.” Japan and India, asAsia’s natural-born allies, have a pivotal roleto play in preserving stability and helping tosafeguard vital sea-lanes in the wider Indo-Pacific region — a region defined not only bythe confluence of the Indian and PacificOceans, but also by its significance as theglobal trade and energy-supply hub.

Landmark event

The India visit of Japan’s Emperor Akihi-to and Empress Michiko from November 30promises to be a landmark event in the al-ready fast-developing partnership betweenAsia’s two leading democracies, which arestrategically located on opposite flanks ofthe continent. In the more than 2,600-yearhistory of the Japanese monarchy — theworld’s oldest continuous hereditary royalty— no emperor has been to India, althoughIndia has traditionally been referred to inJapan as Tenjiku, or the heavenly country.

Customarily, the Japanese Emperor’s vis-it to any country is highly significant becauseit symbolises a watershed in relations withthat nation. It was in recognition of the mo-mentous nature of the royal trip that PrimeMinister Manmohan Singh appointed Ash-wini Kumar as his special envoy with Cabi-net rank in August to “prepare for theupcoming visit” of the imperial couple, andfor Japanese Prime Minister Shinzo Abe’svisit early next year. Indeed, the India tourcould be the last overseas visit of EmperorAkihito, who has undergone coronary andprostate cancer surgeries in the past decadeand will turn 80 a couple of weeks after hereturns home from Chennai.

India has been specially chosen for animperial visit to signal Japan’s commitmentto forge closer ties. Japan is already doingmore for India than any other economicpartner of this country: it is the largest

source of aid, and is playing a key role inhelping India to improve its poor infrastruc-ture, as illustrated by the Japanese-financedWestern Freight Corridor, the Delhi-Mum-bai Industrial Corridor, and the BangaloreMetro Rail Project. Tokyo is also keen to addconcrete strategic content to the bilateralties.

The relationship, remarkably free of anystrategic dissonance or bilateral dispute,traces its roots to the introduction of Budd-hism in Japan in the 6th century CE. TheTodaiji Temple in the ancient capital city ofNara is home to Japan’s most famous andbiggest statue — a great gilt bronze image ofLord Buddha. The statue’s allegorical eyes-opening ceremony in 752 CE was conductedby a priest from India in the presence ofEmperor Shômu, who declared himself aservant of the “Three Treasures” — theBuddha, the Buddhist law, and the monasticorder. Japan’s cultural heritage from Indiavia China extends to Sanskrit influence onthe Japanese language.

Japanese still bless a newly married cou-ple by reciting an ancient proverb that theyare the best bride and bridegroom across thethree kingdoms of Kara (China), Tenjiku(India) and Hinomoto (Japan). In fact, Aki-hito, as the crown prince, came with his wifeto India in 1960 on a honeymoon trip. Dur-ing that visit, he laid the foundation stone ofNew Delhi’s India International Centre andplanted a sapling at the Japanese Embassythat has grown into a huge tree.

Today, the contrast between the disci-plined Japanese society and tumultuous In-dia could not be more striking. India has theworld’s largest youthful population, whileJapan is ageing more rapidly than any otherdeveloped country. And whereas India hasalways valued strategic autonomy, Japan re-

mains a model U.S. ally that hosts not only alarge U.S. troop presence but also pays gen-erously for the upkeep of the Americanforces on its soil.

Yet, the dissimilarities between the twocountries increase the potential for closecollaboration. Japan’s heavy-manufacturingbase and India’s services-led growth — aswell as their contrasting age structures —make their economies complementary,opening the path to generating strong syn-ergies. India’s human capital and Japan’sfinancial and technological power can be agood match to help drive India’s infrastruc-ture development and great-power aspira-tions, and catalyse Japan’s revival as a worldpower.

‘Natural and indispensable’

For India, Japan is a critical source ofcapital and commercial technology. Indeed,there cannot be a better partner for India’sdevelopment than the country that was thefirst non-western society to modernise andemerge as a world power, spearheadingAsia’s industrial and technology advancessince the 19th century. Dr. Singh has under-scored the importance of also building secu-rity collaboration with it, saying Indians “seeJapan as a natural and indispensable partnerin our quest for stability and peace in thevast” Indo-Pacific region.

For a politically rising Japan that is begin-ning to shed its pacifist blinkers, India iscentral to both its economic-revival and se-curity-building strategies. After prolongedeconomic stagnation, Japan faces difficultchallenges, including a shrinking popula-tion, a spiralling public debt, a fundamental-ly deflationary environment, and a securitydilemma compounded by constraints arsingfrom the U.S.-imposed, post-war Constitu-

tion. However, Mr. Abe’s dynamic leader-ship and control of both houses ofparliament is aiding his moves to place Ja-pan on the right track.

Japan and India, as energy-poor countriesheavily reliant on oil imports from the un-stable Persian Gulf region, are seriously con-cerned over mercantilist efforts to assertcontrol over energy supplies and the trans-port routes for them. So the maintenance ofa peaceful and lawful maritime domain, in-cluding unimpeded freedom of navigation, iscritical to their security and economic well-being. That is why they have moved fromemphasising shared values to seeking to pro-tect shared interests, including by holdingjoint naval exercises.

These facts explain why India and Japanboast the fastest-growing bilateral relation-ship in Asia today. Since they unveiled a“strategic and global partnership” in 2006,their political and economic engagement hasdeepened at a remarkable pace. Their free-trade pact, formally known as the Compre-hensive Economic Partnership Agreement(CEPA), came into force in 2011. They haveeven established an alliance to jointly devel-op rare-earth minerals so as to reduce theirdependence on China.

The level and frequency of India-Japanofficial engagement have become extraor-dinary. In addition to holding an annualPrime Minister-level summit, the two alsoconduct several yearly ministerial dialogues:A strategic dialogue between their ForeignMinisters; a security dialogue between theirDefence Ministers; a policy dialogue be-tween India’s Commerce Minister and Ja-pan’s Minister of Economy, Trade andIndustry; and separate ministerial-level en-ergy and economic dialogues. And, to top itoff, they also hold a trilateral strategic dia-logue with the United States.

According to Dr. Singh, “India and Japanhave a shared vision of a rising Asia.” Trans-lating that vision into practice demandsstrengthening their still-fledgling strategiccooperation and working together to ensurea pluralistic, stable Asian order.

Japan, in keeping with its pacifist Consti-tution, does not possess offensive systems,such as nuclear submarines, large aircraftcarriers, and long-range missiles. But withthe world’s sixth largest defence budget, ithas a formidable defensive capability, an im-pressive armament-production base, andAsia’s largest naval fleet, including top-of-the-line conventional subs, large helicopter-carrying destroyers, and Aegis-equippedcruisers capable of shooting down ballisticmissiles.

India — the world’s largest arms importerthat desperately needs to develop an indige-nous arms-production capability — mustforge closer defence ties with Japan, includ-ing co-developing weapon systems andworking together on missile defence. Themost stable economic partnerships in theworld, such as the Atlantic community andthe Japan-U.S. partnership, have been builton the bedrock of security collaboration. Ec-onomic ties that lack the underpinning ofstrategic partnerships tend to be less stableand even volatile, as is apparent from Chi-na’s economic relationships with India, Ja-pan and the U.S. Through close strategiccollaboration, Japan and India must lead theeffort to build freedom, prosperity and sta-bility in the Indo-Pacific region.

Against this background, the Emperor’svisit promises to live up to Mr. Abe’s hope ofbeing a “historic event.” It is likely to heraldan enduring Indo-Japanese strategicpartnership.

(Brahma Chellaney, a geostrategist, is theauthor, most recently, of Water, Peace, andWar)

From economic ties to strategic partnershipBrahma Chellaney For a politically rising Japan that is

beginning to shed its pacifist blinkers, Indiais central to both its economic-revival andsecurity-building strategies.

Aarushi caseThis refers to the report that Nupurand Rajesh Talwar have beensentenced to life imprisonment forkilling their daughter, Aarushi, andthe domestic help, Hemraj. Thecase, which has all the ingredientsof a good mystery, has left many ofus confused. Was it “honourkilling,” as claimed by some? Howreliable is the circumstantialevidence? We need proper answers.Convicting someone just to give thecase a sense of closure is incorrect.

G. David Milton,Maruthancode

Right from the word go, theinvestigations into the AarushiTalwar murder underwent manytwists and turns. The evidencepresented by the CBI is definitelynot clinching, even by thestandards of a layman. To blame theparents and sentence them to lifebased on circumstantial evidence ishardly acceptable. The characterassassination of the haplessteenager only adds insult to injury.

Rekha Chari Sairaman,Chennai

Curbing the politicianWhat Pinky Anand has highlightedin the article “Keeping politiciansat bay” (Nov. 26) is only one side ofthe story. The threat of transferthat haunts a bureaucrat like ashadow is what hinders him or herin decision-making. The SupremeCourt’s move freeing bureaucratsfrom the obligation of obeying oralorders from their political bosses iswelcome. Oral orders are the singlebiggest cause of bureaucraticinefficiency.

Sarang Tarare,New Delhi

The writer is unduly critical of

judicial activism. Anunprecedented extension ofjudicial reach should not be seen asan intrusion in the legislativedomain. The civil services used tobe a prestigious vocation once. But,today, civil servants are under thecontrol of politicians.

Vivek Tyagi,Ghaziabad

Rather than accuse the SupremeCourt of judicial overreach, onemust applaud it for reinvigoratingthe debate on reforms in anelection year. The deafening silenceof the political class speaksvolumes.

The argument on fixed tenureand choice of top bureaucratsseems misguided. An appropriatesystem of promotions, based onmerit, eliminates the possibility ofa bureaucrat not being suitable towork under a Minister. Moreover,the freedom given to Ministers towork with the “best” officers isextremely vulnerable to misuse.

Akhil Goyal,New Delhi

That existing mechanisms have notyielded the desired effect shouldnot come in the way of having suchmechanisms at all. When there is anadministrative vacuum created bythe inadequacies of the executive,someone has to act. By directingParliament to look intoadministrative reforms, theSupreme Court has done well.

Yogeshwar NagnathraoTompe,Nanded

Ms Anand is right in cautioningagainst the tendency of the highestjudiciary to assume a role for itselfbeyond what the Constitution hasenvisaged for the smoothfunctioning of all three organs ofthe state. The higher judiciary must

acknowledge its limitation thatgovernance is not one of itsconstitutionally mandated roles.

S.K. Choudhury,Bangalore

Case against TejpalThis refers to the editorial, “Theunassailable case against Mr.Tejpal” (Nov. 25). The Tarun Tejpalcase reflects the mindset of manyhigh-profile individuals who thinkthey can do anything and evade thelaw using their powerfulconnections. It is important toprotect the victim and ensure thatthe case is not buried after sometime.

Ganapathi Bhat,Akola

The Tehelka case has proved thatwomen are equally to blame for theincrease in the number of crimescommitted against women,whether as mother-in-law, sister-in-law or senior colleague.

Unless women shrug off theiraffiliations and begin to think asonly women, crimes like sexualharassment will continue to takeplace.

Priyanka Singh,New Delhi

Harassment in the workplace is notjust about a man taking advantageof a woman out of sexual desire; it isabout power being exercised by asuperior over his womansubordinate. The power emanatesfrom the fact that the superior canremove the subordinate from workat will. It dampens the employee’sspirit and affects her sense ofjudgment. It is not easy to fightsuch a case. It entails going publicwith something that one may wantto forget.

K. Suresh Babu,Tiruchi

Tarun Tejpal is like many corporatehonchos and others in high placeswho flaunt their position and powerto explore and exploit. Till suchtime that women go into hiding toprotect their identity and hesitateto openly challenge their pervertedcolleagues, men will continue toassume that women are indeedweak and, for them, the shame ofbeing exposed is greater than theshame of being molested. TheTehelka employee deserves praisefor showing the way.

Indira Balagopalan,Thiruvananthapuram

When a woman who is sexuallyharassed complains boldly, belyingthe perpetrator’s belief that she willnever do so, he tries the next trickof making society believe that the‘encounter’ was ‘consensual.’ Inalmost all sexual harassment casesreported in the media, I have heardpeople criticise the victim. Sexualharassment originates from theculture of silence. This needs tochange.

C.V. Sukumaran,Palakkad

Remembering DubeySatyendra Dubey, crusader againstcorruption and whistle-blower,became a victim of criminalisationof politics. He is a role model foryoung India. He was an exemplaryleader who had the courage tochallenge criminals in politics.Unfortunately, the governmentfailed to protect the young engineerwho fought to build a clean India.Dubey set an example in courageand morality.

Shaikh Jamir Munir,New Delhi

Dubey’s life is a lesson that allaspiring government servants mustexamine as it involves honesty,

commitment and uprightness. Weneed more people like him in publicservice.

Srinath Mahesh,Roorkee

Many still remember his Herculeantask in revealing irregularities inthe NHAI’s Golden Quadrilateralproject. The best way to pay tributeto him is to pass the WhistleBlowers Protection Bill 2011 into anAct.

Havish Madduri,Kankipadu

26/11 anniversaryAnother anniversary of 26/11 hascome and gone. One of theperpetrators was punishedfollowing due process of law. Butthere has been no visible follow-upas far as raising the issue withPakistan is concerned. If the Centrehad shown as much perseveranceand spine as it is doing in taking onits internal political adversaries, wewill be reassured that the likelihoodof another 26/11 is remote.

N.K. Raveendran,Bangalore

Post 26/11, huge gaps still exist inIndia’s security system specially inthe metros. The recent terroristattack that overwhelmed ashopping mall in Kenya should joltus into action.

India’s major metros have 190operational malls even as morethan 60 opened across India in thelast year alone. These malls have onaverage, footfalls of around 65,000a day. Hence, efforts shouldcontinue towards better analysis ofintelligence inputs and havingmore anti-terror drills. States alsohave inadequate resources to meetthe security standards required.

Vivek George,Mavelikara

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

The sudden crash of a Boeing 737 airliner at the

Kazan airport in Tatarstan on November 17

has turned the focus back on air safety and the

need to create awareness among the smaller,

regional airlines about ensuring that international

standards are followed in aircraft maintenance. That

all 44 passengers and six members of the crew died in

the crash makes it all the more tragic. The flight from

Moscow reportedly made a second attempt to land at

the capital of Tatarstan, after apparently trying to abort

a landing, and the aircraft exploded as it hit the runway.

Eyewitnesses have said that the plane “just fell” and

vertically hit the runway, with the fuel tank exploding

immediately. Initial reports pointed to bad weather

conditions that prevailed at Kazan, but in this winter,

the airline and its crew should have factored that in.

This was a regional Tatarstan airline. Incidentally, Ka-

zan will be one of the venues for the 2018 World Cup

football tournament to be hosted by Russia. Such trage-

dies involving aircraft raise a number of questions — of

airworthiness, the training and capacity of pilots, the

conditions at the airport to make such a landing during

bad weather, and also the facilities available at the

airport to handle emergencies. Above all, the track

record of the airline and the importance it attaches to

aircraft maintenance make a huge difference. Simi-

larly, the quality and training for pilots becomes

critical.

Some of the basic questions that call for answers are

whether the aircraft was airworthy; if there was a

caution on the weather and if the pilots prepared for a

rough landing; if the airport had the equipment to

guide flights to a safe landing during inclement weath-

er; if the pilots were trained or equipped to handle the

flight during such weather conditions. Every country

that owns or licenses airlines must compulsorily set up

an independent regulator to monitor the functioning of

airlines. At another level, the International Civil Avia-

tion Organization should keep an eye on the smaller

and regional airlines to ensure that they follow global

norms in safety and security of both aircraft and pas-

sengers. The unplanned growth of the aviation indus-

try over the past two decades has given rise to a range of

safety concerns that need to be clearly addressed. Some

airlines acquire their aircraft, while others lease them

for immediate operations. It is up to the aircraft manu-

facturers to keep track of the maintenance and repair

of all aircraft produced by them. They must realise that

whenever one of their aircraft meets with a tragic

accident, their reputation is also on the line.

Safety in regional airlines

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THURSDAY, NOVEMBER 28, 2013

8 THE HINDU THURSDAY, NOVEMBER 28, 2013

BANGALORE

EDITORIAL

When one of the nation’s best known reli-

gious leaders is arrested for allegedly or-

dering the murder of a detractor, and the

police claim they have “clinching evi-

dence”, one would have thought that the state would be

reasonably sure of its case. Claims of eyewitness ac-

counts, incriminating circumstances and a palpable

motive in the brutal killing of A. Sankararaman, manag-

er of the Varadarajaperumal Temple at Kancheepu-

ram, in September 2004 were put together to build

what was claimed to be a solid case against the accused,

the foremost among them being the Kanchi Shanka-

racharya, Sri Jayendra Saraswathi. In the event, what

took place in a Sessions Court in Puducherry was a

sorry spectacle, as witness after witness turned hostile

and sent the trial hurtling towards en masse acquittal.

The theory that Sri Jayendra Saraswathi, and his ju-

nior, Sri Vijayendra Saraswathi, hatched a conspiracy

to silence Sankararaman who was making accusations

about purported misdeeds, collapsed with astonishing

ease. Witnesses failed to identify the assailants in

court. Nothing came of claims that Sri Jayendra had

arranged for money to carry out contract killings, that

five fake suspects were made to surrender in court to

throw the police off the track, and the inadmissible but

widely publicised claim that the Acharya himself had

made a videographed “confession.” His arrest, incar-

ceration and interrogation led to much divisive debate,

with supporters claiming it was a plot to revile the

Hindu community, and detractors showing undis-

guised glee.

In hindsight, the Acharya’s dramatic late-night ar-

rest at Mahabubnagar in Andhra Pradesh amidst Dee-

pavali celebrations in 2004 was perhaps more

sensational than Sankararaman’s murder itself. The

investigation team headed by the late K. Prem Kumar, a

Superintendent of Police, seemed to be hunting more

for proof for dubious theories of financial misdeeds,

moral turpitude and outright sleaze. The police were

possibly hoping that if the allegations made by Sankar-

araman, often pseudonymously in numerous letters,

were found true, the motive will be established. They

reacted angrily to any criticism and even summoned

such critics for ancillary probes. The Mutt’s adminis-

trator and the junior pontiff’s younger brother, both

accused in the case, were detained under the Goondas

Act. The trial judge has noted the “undue interest”

shown by Prem Kumar in pursuing the investigation in

a particular direction. As the investigation turned ag-

gressive, the Kanchi Acharya approached the Supreme

Court to get the trial transferred to Puducherry. As the

investigators seemed intent on pursuing only the

Acharya, the question of who ordered the fatal attack

on Sankararaman remains unanswered.

A complete vindication

The problem of access to justice isdeep and pervasive in India and hasaffected the ability of the legal sys-tem and judicial process to respond

to injustices. The crisis of delays that hasengulfed the Indian judicial process calls forresponses at multiple levels of decision-making. A range of reforms — legal, judicialand institutional — needs to be initiated fordealing with delays and ensuring access tojustice.

One such important reform is to expandand establish more permanent benches ofHigh Courts in different parts of the country.Historical happenstance has caused the es-tablishment of principal benches of HighCourts in different cities in the country.While most States have the principal benchof the High Court located in the capital city,there are a number of States where the prin-cipal seat of the High Court is located inanother city. Regardless of whether the prin-cipal bench of the High Court is in the Statecapital or not, the imperative of access tojustice demands that we move towards es-tablishing adequate benches of High Courtsas and when the need arises. The followingissues need to be carefully examined whilewe consider the policy aspects of establish-ing additional benches of High Courts

Democratic decentralisation

One of the most important lessons of gov-ernance in post-Independent India is therecognition that centralisation of power —legislative, executive or judicial — has hugeproblems in a federal polity. The passing ofthe 73rd and 74th amendment to the Consti-tution of India underscored the importanceof democratic decentralisation and pavedthe way for the development of PanchayatiRaj institutions. However, the justice deliv-ery mechanisms continue to be centralisedand the existing court systems are based on ahierarchical governance structure, whichmay not be able to effectively address theproblems of injustices in the Indian society.The stress that the civil and criminal justicesystem is facing is also attributed to the lack

of capacities of the appellate courts in deal-ing with disposal of cases. Establishing morebenches of High Courts in more than onecity in a State creates new opportunities forpeople to seek judicial remedies. In fact, theLaw Commission of India in its 230th Re-port dated August 2009 entitled, “Reformsin the Judiciary – Some Suggestions,” haspersuasively argued for the creation of newbenches of High Courts. The report observ-ed: “… It is also necessary that the work of theHigh Courts is decentralised, that is, moreBenches are established in all States … It isalso in the interest of the litigants. TheBenches should be so established that a liti-gant is not required to travel long.”

Duties of lawyers

Lawyers need to promote access to justice.Access to justice is the fulcrum aroundwhich any effective legal system revolves.There is a real risk of Indian citizenry losingfaith in the legal system and the judicialinstitutions if it is unable to get justice with-in a reasonable time frame and at reasonableexpense.

The existing legal and institutional mech-anisms for promoting access to justice arenot adequate and lawyers need to own up tosome of the responsibility in bringing thisstate of affairs to pass. While there is anincreasing acknowledgment of the urgentneed for establishing more High Courtbenches, the proposals to do so tend to getembroiled in a mix of unwarranted contro-versies and petty politics. Lawyers in thecities where High Courts are located objectto the establishment of additional benches.This problem of vested interests was square-ly addressed by the 230th Report of the LawCommission of India, which noted: “Some-times, some advocates object to [the] cre-

ation of new benches and selection of newsites for construction of new buildings. Butthey raise objections in their personal, limit-ed interest. Creation of new benches is cer-tainly beneficial for the litigants and thelawyers and a beginning has to be madesomewhere … We must always keep in mindthat the existence of judges and advocates isbecause of the litigants and they are there toserve their cause only.” Lawyers being offi-cers of the court have duties and obligationsto society at large. Rather than take a myop-ic, parochial view of the matter, they shouldadopt a holistic viewpoint and appreciate thesheer indispensability of access to justice tothe health of the very legal system whichsustains them, while forming their views andperspectives on the matter.

Prohibitive costs

The Indian legal system is facing challeng-es at the level of justice delivery. A number ofpeople who are aggrieved are not able to seekjustice because of the prohibitive costs oflitigation and the delays that come alongwith them. Establishing additional benchesof High Courts will help in reducing the costsof litigation. It will help in doing this bymaking available to citizens a wider range ofnew lawyers who were hitherto not involvedin the appellate litigation process receivingopportunities to pursue their legal practice.It is common knowledge that the govern-ment is the largest litigant in our legal sys-tem. Most of the time, if there is an adverseorder for the government at the level of thesubordinate judiciary, it inevitably goes onappeal to the High Court. This poses signif-icant problems for High Courts where theprincipal bench is not located in the capitalcity of the State, where the seat of the gov-ernment is located. A large number of offi-

cers need to regularly travel to appear beforethe principal bench of the High Court and becontinuously involved in the litigation proc-ess. Not only does this have complicationsand lead to judicial delays but also has un-appreciated ripple effects on the fulfilmentof regular functions of government depart-ments and agencies, which bring additionalcosts and delays in their wake. These prob-lems can be addressed if we move towardsestablishing more benches of High Courts.

Legal education and legal profession

The Indian legal profession is facing anumber of challenges. There is need fordemocratisation of the legal profession andthis will not happen until we improve thequality of legal education. Legal educationthat is currently offered in Indian lawschools needs to be improved by providinggreater access and opportunities for younglaw students and budding lawyers to havegreater exposure to High Court practice.There should be a conscious effort to provideopportunities for law students to the extentpossible to regularly observe court practice,not only in lower courts, but also in the HighCourts. This will not be possible if there arefewer High Courts in the country — only alimited few law schools and students who arelocated near the High Courts have access toit. Establishing additional benches will cre-ate new possibilities for lawyers to engage inpractising law in those benches and this willhave a direct consequence in improving thequality of the legal profession.

The way forward

There are a number of efforts currentlybeing taken across the country for promot-ing access to justice. New proposals for es-tablishing additional benches of High Courtsare under consideration. One such proposalis that of establishing the Thiruvananthap-uram Bench of the Kerala High Court, theprincipal seat of which is located in Ernak-ulam. This effort has been led by ShashiTharoor, Member of Parliament from Thiru-vananthapuram, and has received wide-ranging support. This proposal, too, howev-er, has met with the now usual resistancefrom some quarters; and the Kerala HighCourt in October this year constituted a five-member judicial panel to examine the feasi-bility of establishing a Bench inThiruvananthapuram.

It would not be out of place to brieflymention here the controversy regarding theestablishment of the permanent bench ofthe Madras High Court in Madurai. Afterseveral years of efforts, a Permanent Benchof the Madras High Court was created inMadurai a decade ago. It is worth noting thatthe proposal was strongly opposed at thattime and, after a range of initiatives and a fewlitigations in the Madras High Court, it be-came a reality.

It is rather unfortunate that a myopic vi-sion and parochial considerations of vestedinterests have shaped many of the debatesand discussions surrounding the need forestablishing additional benches of HighCourts in India which, viewed in the properperspective, raises questions of existentialimportance for our legal system. This shouldchange and the focus should be trained onwhat matter most, namely, promoting accessto justice, reducing costs and delays, andimproving efficiency of the governmentagencies in dealing with appellate litigation.Only then can we hope to instil faith amongthe Indian citizenry in the ability of the judi-cial process to deliver justice. This is an ex-istential imperative for our legal system.

(Professor C. Raj Kumar, a Rhodes Schol-ar, is the Vice Chancellor of O.P. Jindal Glob-al University. Email: VC@jgu.edu.in)

Expanding access to justiceC. Raj Kumar Additional benches of High Courts will help

reduce the costs of litigation, create newopportunities for people to seek justice, andprovide more practice to lawyers

Who killed him?While the acquittal of all theaccused, including theSankaracharyas of the KanchiMutt, by a Puducherry court in theSankararaman murder case due tolack of evidence would come as abig relief to many, it has also dealt abig blow to the criminal justicesystem. Who killed Sankararaman?Was it a case of suicide?

V.S. Jayaraman,Chennai

The verdict in the Sankararamanmurder case was not all thatunexpected. With most of theprosecution witnesses turninghostile at some stage of the trial,what else could have emerged in acase like this? The cold-bloodedand blatant daylight murder of theemployee of Sri Varadarajaswamitemple, within the precincts of thetemple, remains unresolved.

S.V. Venugopalan,Chennai

Although we are relieved that theSankaracharyas have beenacquitted, the question of whokilled Sankararaman remains. Thegovernment should nab the actualculprits involved in the murder.Only then will justice be done to hisbereaved family.

M. Rajagopal,Chennai

The Talwar tragedyThe Noida dentist couple Rajeshand Nupur Talwar have beensentenced to life imprisonment bya special CBI court for murderingin 2008 their 14-year old daughterAarushi and domestic help Hemraj.Although the circumstantialevidence — that they were the onlyoccupants of the house at therelevant time and that there was nosign of a forced entry — seems tojustify the sentence, there are many

missing links. The Aarushi case haswitnessed many twists and turnsfrom the beginning.

A. Jainulabdeen,Chennai

The verdict has been accompaniedby accusations of shoddyinvestigation, incompetence andmedia activism. Over the past fiveyears, with fewer facts and moreopinions emerging, the case camein for intense trial by the media.

Md Adil Ashraf,Gaya

The Aarushi case verdict should bean eye-opener to the common man,the criminal justice system and thepolice. Initially, servants and thenparents were suspected. They werethen let free, and finally the focusturned to Rajesh and NupurTalwar. After five years, they havebeen sentenced on the basis ofcircumstantial evidence.

Whether or not the couplemurdered their only child, onething is certain. Parents did nothave much time to devote to theirchild who spent more time alone inthe house.

P. Bhuvanachandran,Aluva

Since the crime took place insidethe house and there was no forcedentry, it is difficult to believe thatthe murder was committed withoutthe knowledge of the Talwars. Themotive for the double murderseems to be betrayal of trust by thedomestic help.

A. Amudhavanan,Alangulam

It is hard to believe that in a freeand educated society like the onethe Talwars belong to, parents donot understand the naturalprogression of sexual curiosities oftheir teenaged children. If a sexualliaison between Aarushi and

Hemraj was indeed the true motivebehind the murders, we need toseriously think about the immatureways in which parents deal withtheir teenage kids.

Sukanya Shaji,Kochi

Did the dentist parents slit thethroats of the two victimssimultaneously? It is surprisingthat the robust Hemraj did notreact or resist when Rajesh Talwarwas killing his daughter. Was one ofthe victims watching while theother was being killed, waiting to bekilled next? Did the prosecutioncome to the conclusion first andthen build the case?

Arulur N. Balasubramanian,Chennai

Harassment againThis refers to the report that 96schoolgirls from Dhanbad andDigwadih on a two-day educationaltour were harassed at the Patnastation, allegedly by examineestravelling to Jharkhand for arailway recruitment exam (Nov.26). It was sad to read about theirbeing subjected to crude verbalremarks and that they were unableto even get to their reservedcompartment due to the indifferentattitude of the Railway ProtectionForce. Safety of girls and womenseems to be a non-issue in India.

P. Narahari,Hyderabad

It is laudable to note that TheHindu is giving priority to thesubject of sexual harassment. Theseries of articles and reports in thepast few days has given perspectiveto the issue. This must now lead togreater awareness. Action shouldbe taken against the perpetrators,irrespective of their standing insociety. This will send a strongmessage that it is the woman’s rightto highlight her plight at the

workplace and elsewhere. N.C. Sreedharan,

Kannur

The Supreme Court appears tohave made the right beginning inbeing sensitive to the issue ofharassment (“Supreme Court getsinternal complaints committee,”Nov. 27). Hopefully, it will come outwith proper recommendations incourse of time.

Ramabhadran Narayanan,Coimbatore

Five years laterIt is apparent that India has notlearnt any lesson from 26/11. Infact, there were not many reportson the fifth anniversary of thegruesome attacks as the media werebusy covering the Aarushi verdictand the Tehelka drama. TukaramOmble, who died while nabbingKasab, has almost been forgotten.Does India remember its martyrs?

H.N. Ramakrishna,Bangalore

Policy is a matter of setting cleargoals and working methodicallytowards its realisation. It is partlyin Max Weber’s famous phrase, “... aslow boring of the hard boards.”Five years later, when we should betalking about the efficacy and workof the new security structure, weare still in debate on whether thebasic framework is in place.

Ashutosh Tripathi,Ghaziabad

Curbing the politicianThe remarks by Pinky Anand in herarticle “Keeping politicians at bay”(Nov. 26), and against a class of IASofficers in the penultimateparagraph, are unkind, to say theleast. Hasty generalisation is writlarge in the attribution ofdishonesty and lack of integrity to afew IAS officers who the writer

describes as “conferred” officers.There is no such classification.

The IAS is neither a degree nor atitle. It is a service to whichappointments are made throughtwo streams according to well-defined and time-tested rules. Onestream is recruitment through acompetitive examination and theother through the State civilservices on the basis of merit.Dishonesty and a lack of integrityare personal traits which cannot beattributed to a class of officers.

Chengappa,Hyderabad

Ms. Anand’s statement aboutconferred IAS officers isunfortunate. As far as integrity isconcerned, they are as good or badas those recruited directly. Once inpower, politicians spend their timemaking money. This suits manygovernment employees who, whilehelping their bosses make money,make money for themselves too.This emboldens politicians tointerfere with the administration.

Mathew Gainneos,Thiruvananthapuram

Forgotten heroIndian history has a long list offorgotten heroes — courageousindividuals who served the countryin a dedicated but inconspicuousmanner and sacrificed their lives inpursuit of a higher ideal. The article“Lest we forget” (Nov. 26) willsurely jolt our society out of itsselective amnesia and force it tohonour the memory of SatyendraDubey. Who knows, he might havelived had he shared the sensitiveinformation he had with a reputednewspaper. His sacrifice is unlikelyto be appreciated by a society thathas decided that compromise, notconscientiousness, is the sensibleway to survive in a corrupt world.

T.K.S. Thathachari,Bangalore

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

The Supreme Court has once again come down

heavily on the ‘Sahara Pariwar,’ as the group

likes to be called. On November 20, the group’s

promoter, Subrato Roy, and a few other direc-

tors were restrained from leaving the country or selling

any of its immovable properties without the court’s

permission until they complied with the court's earlier

order to deposit with the capital market regulator, SEBI,

title deeds of properties of a market value of about

Rs.20,000 crore. That is approximately the amount that

Sahara has been ordered to return to a very large num-

ber of investors in its controversial issue of optionally

fully convertible debentures (OFCDs),which it claimed

to have mopped up through the private placement route.

In 2011, SEBI ruled the debenture issue illegal, after

which the Sahara group has gone on a spree of litigation

at different forums, basically challenging the capital

market regulator’s jurisdiction. Successive failures — at

the Allahabad High Court and the Securities Appellate

Tribunal — have not deterred the group from prolonging

the legal battle. A landmark Supreme Court judgment of

August 31, 2012 comprehensively upheld SEBI’s stand

and directed the Sahara group to furnish information on

the OFCD and repay depositors within stiff deadlines,

but it has found ways to dodge the order. The group

seems to have an endless supply of money for publicity

and has prolonged its case, which in terms of mere

common sense, should have been closed a long time ago.

It remains to be seen if the severe restraints that the

Supreme Court has placed on Mr. Roy and the Pariwar

very recently may be enough to ensure compliance.

The strong language used by the Supreme Court to

admonish the group is not likely to have the desired

effect. Earlier this month, the Supreme Court chastised

Sahara and its lawyers for “making a mockery of our

order” and “playing hide and seek” with the highest

court. Sahara had deposited photocopies of title deeds

instead of the originals. A few properties in Mumbai

have been found to have a significantly lower value than

was claimed. Such acts of brazenness have characterised

Sahara’s defiance right from the beginning. In response

to the Supreme Court’s order, it sent to SEBI’s office in

Mumbai truckloads of what proved to be mostly useless

information on OFCD investors. Sahara’s much-touted

political connections — which run across the spectrum

— have helped, and will obviously come in handy in an

election year. Not surprisingly, none of the political

leaders, whether from the ruling alliance or outside, has

had anything adverse to say on this extremely opaque

group.

Sahara’s legal battles

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FRIDAY, NOVEMBER 29, 2013

12 THE HINDU FRIDAY, NOVEMBER 29, 2013

BANGALORE

EDITORIAL

The results of the elections to Nepal’s second

Constituent Assembly are yet to fully come

out but there is little doubt that the Nepali

Congress is set to become the single largest

party, followed by the Communist Party of Nepal

(United Marxist-Leninist). The Unified Communist

Party of Nepal (Maoist), which won a majority of the

seats in the 2008 election, has been routed and is

expected to win fewer than a hundred places in the

601-seat House. The first Constituent Assembly had to

be dissolved after it failed in its task of framing a

Constitution even after its tenure was extended four

times. Last week’s election was originally scheduled for

November 2012 but was postponed repeatedly. The

instability in Nepal belied the promise of the peace

process that ended the Maoist insurgency and brought

the rebels into the political mainstream. The Maoists

have blamed their defeat in the election on electoral

fraud and have demanded a probe. But the extent of the

rout shows that it is more likely an expression of

popular disillusionment and anger against the former

rebels. Seen as the establishment of the past five years,

they took the brunt of the blame for the dismal govern-

ance and inability to deliver a Constitution to the

people, even though this was a collective failure of all

parties. Nepali voters had rewarded the Maoists in

2008 because they were unhappy with the nepotism,

opportunism and corruption of the traditional forces.

With the Maoists copying the worst of these tenden-

cies, voters saw no reason to give them another chance.

The 2012 split in the party also cost the Maoists

heavily.

The challenge for Nepal’s fractious political forces

now is to make the fresh start provided by the election

work. It is encouraging that after an initial threat to

boycott the new Assembly, the Maoists have been more

conciliatory; the victorious NC and the CPN (UML)

have enough seats between them for government for-

mation but they have expressed the readiness to con-

sider the Maoist demand for a “government of

consensus”. If Nepal is to go down this route again, the

power sharing negotiations will hopefully avoid last

time’s pitfalls. A national unity government will cer-

tainly help the Assembly’s main task of Constitution

making, which Nepal’s political forces have agreed

must be based on consensus. The last Assembly unrav-

elled over the Maoist proposal, supported by Madhesi

parties but opposed by the NC and the CPN(UML), to

divide Nepal into identity-based federal units. This

time, the parties have promised that they will ready a

Constitution within a year. This can be achieved only

through mutual accommodation. If there is a role for

India, it should be to counsel the victors against tri-

umphalism and the losers against playing the spoiler.

A fresh opportunityin Nepal

“Proof beyond reasonable doubtdoes not mean proof beyond ashadow of a doubt. The lawwould fail to protect the com-

munity if it permitted fanciful possibilitiesto deflect the course of justice.” (Lord Den-ning in Miller vs Minister of Pensions —1947)

Although Lord Denning, the iconic En-glish judge, gave his ruling 60 years ago onthe proof required in civil litigation, thestandard laid down by him then has begun toimpact criminal proceedings as well. This isin the context of growing complexity of mod-ern crime that eludes easy detection. Therecannot be a more appropriate occasion thannow to recall his words of pragmatism.

The long awaited Ghaziabad (Uttar Pra-desh) Special Court judgment in the sensa-tional May 15, 2008 Aarushi murder case isout. The Talwars, parents of the unfortunate14-year-old girl, have been convicted formurdering their only child and their domes-tic help, Hemraj, and also causing disappear-ance of related evidence. They will undergolife sentence as well as five years of rigorousimprisonment on the two counts of charge.The father, Rajesh Talwar, has been addi-tionally found guilty of filing a false firstinformation report.

Inhuman crime

Immediate relatives of the dentist coupleand the defence lawyer have described theconviction as a miscarriage of justice andexpressed their resolve to take it on appeal.In recent memory, no other case of murderhas possibly received greater media publici-ty. And rightly so because the crime wasinhuman beyond belief and shrouded indeep mystery for a long time.

The Talwars certainly received painfullyadverse media attention. It would be naïvefor anybody to claim that Judge Shyam Lal,who is retiring shortly and has a reputationfor integrity, was totally unaffected by this. Acareful reading of the 210-page order does

not, however, suggest that he succumbed toany manipulative press or television story.

I am impressed with his logic in arriving atthe tragic conclusion that the parents had, infact, murdered their only child and a living-in domestic servant. The only possible irrita-nt in the order is that citations are far toomany for a lay member of the public to ab-sorb. We should remember that his constitu-ency is not us, but the two higher courts ofthe land, which could rip his order apart ifthe matter went up before them on appeal.What I am most impressed with is his practi-cal and honest approach to the problem offilling in the glaring gaps in the prosecutionstory.

The entire case is built on a few clinchingcircumstances. There are no eyewitnesses,something true of a few other sensationalcases the world over. But then, when theevidence put forward on the basis of factsimmediately surrounding a crime and theresponses of the principal actors to it aresolid, how can you ignore such evidence?This is the judge’s stand in a case whichcould well have been shut before any trial ifonly the CBI’s closure report (after two of itsteams had investigated the case) had beenaccepted. It is a matter of conjecture wheth-er Judge Lal’s predecessor, who first heardthe case, would have acted so if the Talwarshad not protested at the insinuations againstthem in that report.

This is a lesson for many investigatingagencies. If they cannot arrive at definiteconclusions of guilt or innocence, and there-fore opt for a closure, they should simultane-ously be prepared for an intrepid

magistrate/judge who could reject theirstand and take the next logical step of order-ing a regular trial on the same facts. I amhappy that in this respect, the CBI rose to theoccasion and was ably aided by an industri-ous Special Prosecutor.

Crucial points

In the ultimate analysis, certain crucialfacts went against the Talwars. There is un-assailable evidence (corroborated by thedriver who was the last person to leave thehouse on the fateful night) that only thedoctor couple and the two deceased were inthe house (a modest 1300-sqft apartmentwith a terrace) when the lights wereswitched off. There was no evidence of anyforcible entry into the house between thenight and when the domestic servant, Bharti,turned up for work the next morning. Also,when the police arrived at the scene afterbeing alerted in the morning, Aarushi’s bodyand her bed had been nearly thoroughlycleaned up. No perpetrator of crime wouldconceivably ever do this. Proof of the In-ternet connection in the house having beenaccessed most of the night put paid to theTalwars’ claim that they were fast asleepright through and hence could not hear themovements of a possible intruder who, intheir view, had committed the crime. (I lookupon this as a smart piece of investigationthat greatly undermined the credibility ofthe accused.)

Domestic servant Bharti who arrived inthe morning did not find the mother of thegirl in any grief or complaining about theoccurrence, although by that time, Aarushi’s

death had been well established. This wasunnatural to say the least. Finally, there wasno evidence that Aarushi’s bedroom which,once closed, could be unlocked only fromoutside, had been broken into, disprovingthe mother’s version that she locked theroom from outside and took hold of the keywhen she retired to bed in the adjoiningroom the previous night.

Judge Shyam Lal derives support frommany Supreme Court decisions. His endeav-our has been to emphasise that the absenceof direct evidence is not a handicap to estab-lishing facts against a suspect. Nor was italways necessary to pinpoint a motive for theoffence under examination. He rightlypoints out how, in the history of crime acrossthe globe, many judges confronted this phe-nomenon and still went ahead to convictthose arraigned. It is significant howeverthat Judge Lal endorsed the CBI’s positionthat this was, in all probability, an instanceof honour killing. This is a point that manycritics of the judgment have missed.

In describing the Talwars’ conviction asgrossly unfair, the defence team has beenvociferous that the judge erred in placingundue reliance on circumstantial evidence.This ignores many landmark rulings in thehistory of jurisprudence as it has evolved.Those who are exercised over the Aarushidecision conveniently cast aside many pastdecisions of eminent judges who were un-swerving in their belief that a conviction,even in criminal cases, did not always re-quire either “conclusive evidence” or proof“beyond reasonable doubt.” In their view,criminal conviction could rest on strong cir-cumstantial evidence, as long as a prudentman would believe it to be credible, and thatno conclusion other than guilt could be ar-rived at from the circumstances cited. Ofcourse, there is the requirement that thechain on which the prosecution relies shouldbe so complete that no human agency couldhave unearthed anything more than thatprojected and which could throw even a rea-sonable doubt on the presumption of guilt.The only stipulation is that such presum-ption should rest on facts, not mere conjec-tures. This is a practical view of humanaffairs taken by the English criminal juris-prudence over the ages, and which we haveinherited. Judge Lal rightly draws comfortfrom a 1973 Supreme Court judgment (Bo-bade and another v State of Maharashtra),which highlighted the social perspective thatcourts should keep in sight. The SupremeCourt on this occasion said rather eloquent-ly: “The dangers of exaggerated devotion tothe rule of benefit of doubt … demand espe-cial emphasis in the contemporary contextof escalating crime and escape.”

The logic of this warning applies withoutreserve to the Aarushi case. One must com-pliment Judge Lal for his clarity, courageand forthrightness. I am sure many in hisfraternity are watching and will learn fromhis example by standing up to calculatedattempts to derail the course of justice, espe-cially when people in high places arearraigned.

I feel it would be unfair to stop with such aclinical and cold analysis of a judgment thatwould be discussed for many years to come. Ifeel I should dwell a little on the misfortuneof a couple, who not only lost their only childbut have also to languish in jail for most oftheir remaining lives. My heart goes out tothem. However heinous their acts may havebeen, they are not common criminals to behounded or despised. There is already in-formation that they are going to be usefullyoccupied in prison: the husband treating in-mates who need dental attention and thewife imparting education. In this process, itis hoped they will imbibe values which per-haps did not govern their lives until theyerred grievously five years ago.

(The writer is a former CBI Director.)

The evidence of circumstances R.K. Raghavan Those who criticise the Aarushi verdict

cast aside decisions of eminent judges whobelieved that a conviction did not alwaysrequire “conclusive evidence” or proof“beyond reasonable doubt.”

AcquittedThe editorial “A completevindication” (Nov. 28), on theacquittal of the Kanchi seers, is abalanced reaction to the verdict inone of the most sensational trialsin recent times. However, thetruth behind Sankararaman’smurder, which is the subjectmatter of the case, will remainburied forever. Someoneengineered the murder for someinexplicable reason.

R. Kalyanaraman,Chennai

The verdict is out and many of uswho have been following the casewith more than ordinary interestare relieved. The Sankaracharyatook the ordeal in his stride. Thereare several unanswered questionsand a neutral investigation by theCBI might shed some light.Santhanakrishnan Srinivasan,

Bangalore

The nine-year-long trial hashighlighted two points — one,witnesses can be influenced duringlong trials and, two, justice delayedis justice denied.

Yashwanth Kumar Karri,Vishakapatnam

The police obviously did not dotheir homework in the case. Else,they would have nailed the culprit.Should the court have orderedanother probe?

The justice system has failed todo justice to the family of thevictim and the public.Unfortunately, Sankararaman’skin does not have eminent peopleto publish his point of view.

A. Viveki,Faridabad

If all the accused are innocent, whoordered and executed the broaddaylight murder? TheSankararaman murder case is aclassic case of justice denied to thebereaved family of the templemanager.

Havish Madduri,Kankipadu

The killing of Sankararaman washighly regrettable and onesympathises with the family of thedead. But the manner in whichvested interests made use of theincident to humiliate theSankaracharyas and the KanchiMutt was reprehensible. But forthe impartial manner in which thecourt handled the case, theirdesigns might have succeeded. Ourfaith in the values of truth andjustice has been reinforced.

R. Mallika,Chennai

The argument that theinvestigators seemed intent onpursuing only the Acharya is notacceptable. We should not losesight of the fact that without anyprima facie evidence, it would havebeen impossible to frame a chargesheet against a respected Muttleader or his associates in a seriouscriminal case.

The judgment was influenced bythe fact that many witnessesturned hostile. Under suchcircumstances, one should not findfault entirely with the course ofinvestigation.

C.V. Vasudevan,Chennai

Access to justiceThis refers to the article“Expanding access to justice”(editorial page, Nov. 28). The

government is not the only largestlitigant that goes on appeal againstalmost every court judgment.Banks too are not above arm-twisting especially when it comesto settling borrowings by the poor.There are also an alarming numberof litigants who mislead courts andwaste precious time. In theprocess, genuine litigants aredeprived of their accessibility totimely justice. As justice delayed isjustice denied, it is time that atleast two High Court benches wereconstituted in each State, savingtime and money. The Lok Adalatsshould also be invigorated further.

S. Narayanan,Chennai

One is in total agreement with thewriter on the need to reduce thecost of litigation so that everyonecan have access to justice. Apartfrom additional permanentbenches of the High Courts acrossall the States, there must be at leastfour regional benches of theSupreme Court.

Sangamesh Manahalli,Bijapur

The delays that have overwhelmedour judiciary can be read alongwith the dropping of cases decidedby the Constitution Bench of theSupreme Court because of abacklog.

The lack of infrastructure andlogistics for courts as well asinadequate human resource leavenearly a two-thirds of India’sprisoners as undertrials. Thisunderscores the necessity to havejudicial reforms and theestablishment of permanent HighCourts benches.

Smilna Sudhakar,Bangalore

The writer seems to be advocatingthat more High Court benches willbe a panacea for all the illsaffecting the judicial system. It isimportant to address the grimcondition of lower trial courts.There are judicial vacancies and alack of adequate infrastructure.The need to go in for an appealmust be reduced by ensuring thequality of hearings.

Sarang Tarare,New Delhi

Tehelka and beyondIt is ironic that Tarun Tejpal,master of the sting operation, hasnow been badly stung by a scandal.The world over, there arenumerous instances of men in highplaces who have met theirWaterloo in similarcircumstances. Unless the dividebetween the law and itsenforcement is bridged, suchevents, where there is a threatposed to women, will continue tohaunt society.

B. Gurumurthy,Madurai

There seems to be an unfairtendency to totally condemn theaccused person (more so if he is anicon) as a reprehensible predatoror an embodiment of unmitigatedevil.

From our Indian epics toShakespearean heroes, down togreat men in modern times, thereare numerous examples of peoplewith high achievementscommitting ignoble deeds. Crimeis thus a personal failure. Ofcourse, the law must and will runits course, and the wrong-doermust receive punishment.Prejudging a person, especially atrial by the media, and demonising

him or her should be avoided.A.N. Lakshmanan,

Bangalore

Win-win dealWhile on a brief visit to Iran a fewyears ago, I could see the hardshipcaused by crippling sanctionsimposed by the U.N. as Iran wasallegedly enriching uranium andon the threshold of making abomb. Now, thanks to the six-nation initiative, Iran has agreedto stop all activities that wouldhave made an atomic objectpossible, and which would haveexacerbated tensions. Iran’s newPresident has been pragmaticenough to realise where thecountry’s interests lay. Though itis an interim agreement, Iran andthe rest of the world can breatheeasy now. India can startimporting crude oil and proceedtowards a better tradearrangement with that county.Quiet diplomacy has won the day.It is heartening to note that it stilloccupies an important place innormalising relations betweennations.

D.B.N. Murthy,Bangalore

Iran’s historic deal with the Westshows that peaceful negotiationsalways win the day. The world hasbeen spared another phase ofworry and turmoil if war was thealternative.

We are lucky that good senseprevailed and Russia managed toconvince the countries thatdialogue would be the best option.Dissent in the Middle East overthis deal can also be curbedthrough dialogue.

P. Prasanna Babu,Kadapa

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

The note of caution from the Oxford Martin

Commission for Future Generations on the

risks of a short-term approach to global gov-

ernance merits consideration. Of paramount

importance is the call in its report, “Now for The Future,”

to build global institutions fit to purpose for the 21st

century. Currently, countries with a diminishing stake

retain disproportionate power, while four times as many

states, not to mention civil society groups, sit around

decision-making fora, it points out. Drawn from leading

figures in politics, business and academia, the authors of

the report cite approvingly the Group of 20 countries as a

contemporary model of inclusive multilateral cooper-

ation. Accounting for 80 per cent of the world’s gross

domestic product, a two-thirds of the global population

and 80 per cent of world trade, the G20 countries demon-

strated their collective influence during the Asian and

global financial crises. The 1989 Montreal Protocol,

which led to a complete phase-out of chlorofluorocarbon

production and contained ozone depletion, is the other

example of realising shared interests. Global leadership

in the public health arena was demonstrable also in the

2003 ratification of the Framework Convention on To-

bacco Control.

The unprecedented achievements of the previous cen-

tury could increase global uncertainty and systemic risk

in the absence of a comprehensive and broad vision for

the future. For instance, frequent opinion polls, longer

election campaigns, and pressures from vocal lobbies are

constraining governments in terms of thinking and artic-

ulating a vision beyond the electoral term. A focus on

current stock prices rather than value creation over the

longer term, quarterly earnings targets and the perverse

system that rewards short-term investors are also equal-

ly instances of the preoccupation with the immediate

and the here and now. To address the gap between

available knowledge and possible action on critical global

challenges, the Commission has recommended the cre-

ation of a 20-30-40 coalition to counteract climate

change and to break the gridlock on multilateral negotia-

tions. Besides the G20 nations, the coalition should com-

prise the 30 cities affiliated to the World Business

Council for Sustainable Development and the existing

C40 Cities initiative. CyberEx, an early warning platform

to understand common threats to data security, to bene-

fit governments, businesses and individuals, is the other.

The scepticism articulated in the report over the capacity

of existing institutional arrangements to deliver results

for the future is perhaps warranted. That should be read

in the right spirit by all nations, particularly those that

wield influence in shaping the global architecture.

Beyond the here and now

CARTOONSCAPE

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SATURDAY, NOVEMBER 30, 2013

12 THE HINDU SATURDAY, NOVEMBER 30, 2013

BANGALORE

EDITORIAL

In Rajasthan, the land of the kings, regaining

power seems to be easier than retaining power.

The last three Assembly elections have gone de-

cisively against the incumbent, with both the

Bharatiya Janata Party and the Congress relying on a

strong negative vote to get their turn in government. As

Congress Chief Minister Ashok Gehlot and BJP leader

Vasundhara Raje prepare for a face-off in the Decem-

ber 1 election, the odds are clearly against Mr. Gehlot.

Despite initiating some social welfare schemes in the

last five years, the Chief Minister knows he will also be

judged by what his opponents propose to do in the next

five. Not surprisingly, both parties have come up with

competing populist election manifestos promising

many things to most people. The Congress manifesto

promises five lakh jobs in the next five years. Whether

this would find favour with the electorate is another

question since the hard reality is that only one lakh

youth found jobs in the last five years of the party’s rule.

Gujjars, who have been demanding separate reserva-

tion, have now been promised five per cent reservation

by the Congress. Special Backward Class communities

such as Raika, Banjara and Gaadiya Lohar have also

been chosen for the promise of reservation benefits.

But some of these might only remain promises if they

run into legal hurdles. Given that there was very little

forward movement in granting these reservation bene-

fits during the last five years, many in these communi-

ties might not take these promises of the ruling party

seriously.

At the present political moment, the promises of the

main opposition appear to carry more weight than the

ruling party. Thus, the BJP’s assurance of removing all

constitutional impediments in extending reservation

as Special Backward Classes to Gujjars and other tribes

seems to hold more meaning for the voters. In terms of

numbers too, the BJP outdid the Congress by holding

out a promise of 15 lakh jobs. In the 2008 election, one

of the highlights of the Congress manifesto was a prom-

ise to improve the dismal power situation. It is no

credit to the five-year-rule of the Congress that the BJP

could find resonance with the voters by promising

24-hour power supply to domestic consumers. The

Gehlot government’s performance thus pales in com-

parison to the BJP’s promises. With the voters having

to choose between the Congress and the BJP, dissatis-

faction with the Gehlot government automatically

translates into votes for the BJP. Only good governance

and strong social welfare schemes could have counter-

ed the lure of the BJP’s promise. But the Congress’s

performance seems to have fallen short when mea-

sured against the BJP’s promise.

Competingpromises

If grievance ever had legitimate reasonto be translated into political rebellion,it was in Mizoram. The Mizo NationalFront (MNF) was an insurgent group

that emerged from the Mizo National Fam-ine Front in 1959 — a formation protestingthe widespread famine caused by a regularfailure of the bamboo crop due to mautam,and the failure of the Indian state to sendadequate relief.

Deprivation soon led to open rebellion. OnFebruary 28, 1966, the MNF launched Oper-ation Jericho under which about 1,500 MNFcadres overran Lunglei, Aizawl and Cham-phai districts by beating back the Assam Ri-fles personnel stationed there. India’s HomeMinister at the time was Gulzarilal Nandawho recommended “stern action” againstthe rebels. This meant a two-column assaultby the Indian army on Lunglei and Cham-phai on March 7, 1966. A week later, theIndian army recaptured these districts, al-beit after the air force was called in to launchan aerial assault on Aizawl.

The turning point

Mizoram has just finished polling in itslatest round of Assembly elections with avery high voter turnout of 81.19 per cent.How did a decidedly secessionist State turnfrom the insurgent path towards accepting aplace in the Indian Union, and what form ofpolitics developed after the end of the in-surgency? Accommodative politics, knittedwith political incentives for the insurgents,helped pave the way for the MNF to turn intoan electoral force. After that turning point,the tussle between the regional force and theCentre has taken the form of an electoralcompetition between the Congress and theMNF. We argue that this successful chan-nelling of insurgency into manageable elec-

toral competition is a model that can beemulated in other States of the northeast.

The 20 years that followed Operation Jer-icho were interspersed with severe counter-insurgency battles that involved not onlyregular fighting with the rebels but also vil-lage resettlement schemes, which resultedin 80 per cent of Mizos being relocated andresettled by 1972 in 102 population centres.The aim of the resettlement was to drive theMNF into the jungles and cut off its recruit-ment base and supply lines.

Electoral experiment

Alongside, the Indian government alsoopened a dialogue with the rebels, keeping inmind that the region was remote and theMNF enjoyed immense popularity amongvarious Mizo sub-tribes. Also, for a fledglingcountry it seemed imperative to address thenortheast’s insurgent threats through anymeans possible — war or diplomacy — so thatthe rebellions didn’t become a model forother groups in the region. While the latteraim didn’t work as well for the Indian state,what did emerge were negotiations and of-fers of peaceful elections with the MNF com-peting in them. When such an electoralexperiment was conducted in 1978, theMNF’s Pu Laldenga lost to Brig. Sailo of thePeople’s Conference. As the MNF steppedup its insurgent activities in response to anelectoral loss, the government decided toend the matter more decisively.

In 1986, the Union of India under RajivGandhi and the MNF signed the MizoramPeace Accord. Pu Lalthanhawla, the Con-gress Chief Minister, was made to step downand Pu Laldenga of the MNF was made ChiefMinister. Rajiv Gandhi was clear about onething — the MNF violence had to end andMizoram had to stay in the Union. Practisingaccommodative politics seemed the rightway forward even if it meant replacing theChief Minister with Pu Laldenga, who hadspent the better part of his adult life deep inthe jungles of Myanmar raising two armedbrigades to fight the Indian state.

Stabilisation

Today, Mizoram is a State that cradlesseveral oddities. It is a Christian majoritystate where the Presbyterian Church has im-mense sway over everyday life and politics. Itis one of the few States with Prohibition dueto an intervention by the PresbyterianChurch. It is also one of the few States with aremarkably high voter turnout. Further,electoral politics took a healthy competitiveturn after two decades of violence, as wedescribe below.

After the peace accord, the MNF won theAssembly elections in 1987. However Lal-denga’s government survived for barely twoyears. Nine of the 24 MNF MLAs defected tothe Congress, and President’s Rule was im-posed in the State in September 1988. TheCongress under Lalthanhawla returned to

power after the 1989 polls and continued itswinning streak in the 1993 elections by forg-ing an alliance with the Mizoram Janata Dal(MJD). The two Opposition parties, theMNF and the Mizoram People’s Conference(MPC), formed a pre-poll alliance and won inthe 1998 Assembly elections. The MNF won22 seats, the MPC won one seat, and theCongress got only six of the 40 seats. Theincumbent Congress Chief Minister, Lalth-anhawla, also lost his seat in the election.MNF leader Zoramthanga (Laldenga’s suc-cessor) was sworn in as the new ChiefMinister.

In the 2003 Assembly elections, the MNFretained power after winning 21 seats whilethe Congress won 12 seats. The MPC and theZoram Nationalist Party (ZNP) combine gotfour seats. The biggest loser was the MPC —from 12 seats in the previous Assembly, itsstrength was reduced to two seats. Duringthe last Assembly elections in 2008, the Con-gress stormed back to power with 32 seats,while the MNF was reduced to three seats. Ina humiliating blow to the MNF, Pu Zoram-thanga lost both his seats. The MPC and theZNP contested as pre-poll allies but got onlytwo seats each.

For the 2013 Assembly elections, Mr. Zo-ramthanga formed a pre-poll alliance withthe MPC and the Maraland DemocraticFront (MDF). This was seen as essential bythe MNF to wrest power from the Congressand reinstate itself as the guardian of theMizo people’s political and cultural rights.The other main party in the State, the ZNP,contested on its own.

New political front

On October 21, 2013, 10 regional politicalparties in the northeast formed a new politi-cal front — the North-East Regional PoliticalFront (NERPF) — and adopted 17 resolu-tions, which include an end to the ArmedForces Special Powers Act, a return to paperballots and a fresh look at the Centre-Staterelations. The Front elected former AssamChief Minister, Prafulla Kumar Mahanta, asthe chief adviser and the Nagaland ChiefMinister, Neiphiu Rio, as the convener.

This development went unnoticed but thefront will gain momentum after the countingof votes in Mizoram. The formation ofNERPF is a signal that regional parties in thenortheast are ready to take on bigger roles atthe Centre, and have realised that it pays toband together to secure the region’s inter-ests. They have realised that during the gov-ernment formation in New Delhi in May2014, they may be in a position to bargainhard, as every seat may matter. In this way,the 10 parties as a bloc can offer more to anycoalition and secure for themselves, per-haps, a more important place in the LokSabha.

The normalisation of electoral politics inMizoram is important as an instance of ac-commodative politics in India. The reduc-tion in violence brought about by the end ofthe insurgency and the crippling counter-insurgency campaigns can perhaps be repli-cated in other States of the northeast.

(Vasundhara Sirnate is the Chief Coor-dinator of Research at The Hindu Centre forPolitics and Public Policy. She and RahulVerma are Ph.D candidates at the TraversDepartment of Political Science, Universityof California, Berkeley.)

From insurgency to electoral democracyVasundhara Sirnate & Rahul Verma Accommodative politics, combined with

political incentives, helped pave the way for the Mizo National Front to turn into a mainstream political party

Admissible evidenceJudge Shyam Lal’s ruling in theAarushi murder case has reinforcedthe well-accepted principle that thegoal or objective of legalpresumption in a criminal case isnot to eliminate circumstantialevidence but to make sure that it isnot abused to the detriment of aninnocent person (editorial page,“Evidence of circumstances,” Nov.29). In other words, it is thequantity and quality ofcircumstantial evidence that decideits admissibility, without giving toomuch room for only thepreponderance of probabilities. TheAarushi case is yet anothermilestone in the evolution of law. Inthe eyes of the law, circumstantialevidence is, in no way, inferior todirect evidence.

Chandran Dharmalingam,Udhagamandalam

The article will help dispel themisconception that the Talwarswere wrongly sentenced in the case.People still believe in the age-oldconcept that an eyewitness accountis what constitutes correct andconclusive evidence in murdercases. There is also a tendencyamong the general public to opposea punishment if the accused arehigh-profile and demand themaximum punishment for citizensbelonging to the lower strata ofsociety.Reports that the Talwar couple willeffectively utilise their time in jailto treat and educate inmates iswelcome. Judge Shyam Lal hasdelivered a forthright and fearlessjudgment in an interesting case.

E.M. Adithyan,Edapal

It cannot be said that Judge ShyamLal relied on the Supreme Courtjudgment in the Bobade casebecause the learned judge factoredin not only circumstantial evidencebut also prima facie evidence ofwhat the Talwars saw on the fatefulnight. The Supreme Court’s Bobadejudgment, cited by Mr. Raghavan,was delivered by no less a judge thanJustice Krishna Iyer.

B.M. Baliga,Bangalore

There are glaring misconceptions inwhat R.K. Raghavan calls “crucialpoints.” That the driver was the lastperson to leave the house with onlythe dentist couple, Aarushi andHemraj in the house is hardlycorroborative evidence. Also, thefact that the Internet was accessedmost of the night is no shocker.David Coleman Headley usedsomebody else’s router to send andreceive mails! Third, theassumption that the father, aftercommitting a double murder in a fitof fury, went back to surf theInternet throughout the night ispreposterous.

Bhuvana Younus,Bangalore

It is ironic that in a country thatclaims to be a leader in informationtechnology, investigative methodsare not up to date andcircumstantial evidence was largelyused to deliver the judgment in theAarushi Talwar case. The case is awake-up call to improve thestandards of evidence gathering inour police departments andinvestigative agencies.

Liji Kalathil,Thiruvalla

While I agree that judges, in theabsence of direct evidence, shouldexercise their valued discretion topunish the guilty, my question ishow many judges can emulateJustice Shyam Lal? In India, mostjudges follow the apparent facts andnever seem to venture intochallenging areas which require theholistic knowledge of similar casesin legal history. They never take anyrisk.

Thota Venkata Ramana,Vijayawada

Two verdictsThis week has seen the delivery oftwo verdicts in two sensationalcases — the Aarushi Talwar and theSankararaman murder cases. In thefirst, the parents of the teenagerwere named as the accused andgiven life sentences on the basis ofcircumstantial evidence. In theSankararaman case, the accusedwere acquitted after key witnessesturned hostile. Aarushi’s murder

took place within the confines of herhouse while Sankararaman wasmurdered in the precincts of afamous temple at Kancheepuram.There is no doubt that money powerand influence can affect the courseof a trial.

E.P. Parathasarathy,Chennai

On TelanganaAlthough the arguments putforward by G. Haragopal and RaviKomarraju (“Telangana: the greatdivide,” Nov. 29) highlight differentperspectives of the Telangana issue,they make clear that there is anurgent need to refer the issue to abroader platform like the StatesReorganisation Commission.

Non-state actors are causingmuch fear and confusion amongsettlers from other regions. Second,the creation of a new State is a hugemonetary burden. The issue is aclassic example of how divisivepolitics can cast its shadow on anotherwise progressive State.

P.S.S. Murthy,Hyderabad

The views expressed by the twoeminent professors point to the twosides of the same coin. Agreed, thecreation of a separate Telangana isnot a panacea for all the problems ofthe region. But it is too late tochange tack and go back on thepromise of statehood for Telangana,without risking violent upheaval.Unfortunately, leaders ofSeemandhra are also not providinga positive and constructivedirection to the people of theirregion. If the present trend ofleaders inciting people continues,Andhra Pradesh will suffer with orwithout the division of the State.

Maj. Gen. A.B. Gorthi(retd.),

Secunderabad

The essence of democracy is theright to equality and equalopportunities. Therefore, onecannot understand why thepolitical class of Telangana hasfailed to live up to the expectationsof the constituencies they haverepresented and letting theproblem fester. Is division of a Statethe only solution to set right

historical wrongs? Can’t we addressthese issues unitedly? Second, whatis the way out for subregionalaspirations if majority rule stiflesthe voice of the minority anddeprives them of resources andlivelihood?

Whichever way you look at it, thepolitical class has discredited itself.In the race for political mileage, ithas promoted enmity and hatredamong the two regions. Ordinarycitizens on either side will now paya huge price in terms of livelihoodissues, freedom and equality. It issaddening that a progressive Statelike Andhra Pradesh has come tothis sorry state of affairs. One onlyhopes that it does not affect theunity of the nation.

Sri Krishna Prasad K.,Hyderabad

Article 371 D is in no way inferior toArticle 3. In fact, after two powerfulmovements in 1969 and 1972,Article 371D was included in theConstitution after carefulconsideration and seriousdeliberations by the then Congressgovernment. Article 3 and Article371D are not competitive butcomplementary.

Bh. Subrahmanyam,Vizianagaram

Live-in relationshipsThe Supreme Court’s observationthat a live-in or marriage-likerelationship is neither a crime nor asin and that Parliament shouldamend the law to protect womenand children in live-in relationships(Nov. 29) is commendable. Such arelationship may not be sociallyacceptable but in a fast changing,cosmopolitan society, such thingshave become increasingly common.Bringing in a law to protect childrenand women in a live-in arrangementwill instil security, confidence and asense of responsibility in thecountry’s vast young population. Byamending the law, India will live upto its ethos of a modern, democraticnation that has liberal values.

Sutirtha Sahariah,New Delhi

At a time when the state is workingtowards the compulsoryregistration of most forms of

marriages, the judgment isregressive. While children born outof live-in relationships definitelyneed protection and must betreated on a par with children bornto legally wedded couples, one mustalso remember that the institutionof marriage is sacrosanct. Live-inrelationships cannot be treated asmarriages.

K.V. Seetharamaiah,Hassan

Live-in relationships create moreproblems in society. Most are likecontracts which get terminatedonce certain needs are fulfilled.Laws originally intended for thesafety and well-being of womenseem to be creating more problemsfor them.

Karavadi Raghava Rao,Vijayawada

Counting the deadIt is welcome that Sri Lanka’sDepartment of Census andStatistics has started a nationwideexercise to assess the loss of humanlives and damage to property afterthe civil war (Nov. 29). Whether it isdue to immense internationalpressure mounted on Sri Lanka orBritish Prime Minister DavidCameron’s moves that madeColombo speed up the probe issomething in the realm ofspeculation. One only hopes thatthe move will help the process ofreconciliation and healing.

Syamala Yashwanth Karri,Visakhapatnam

Sri Lanka’s move is a belatedexercise, bereft of any seriousintent. That this exercise will coverthe period from 1982 to 2009 raisesserious doubts about thegovernment’s real motives. TheRajapaksa government’s markedreluctance to inquire into allegedwar crimes in the closing stages ofthe battle against the LTTE in May2009 is clearly a thorny issue. Theinternational community shouldapply sustained pressure on SriLanka to show results in relief andrehabilitation, alongside a credibleand time-bound inquiry intoalleged war crimes.

J. Anantha Padmanabhan,Tiruchi

LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the fullpostal address and the full name or the name with initials.

The global report on human settlements, re-

cently published by UN-HABITAT, is a timely

pointer to what is wrong with current trans-

port planning in India. Despite investing

heavily in infrastructure projects, the cities have not

resolved traffic issues efficiently. After reviewing vari-

ous policies across the world, this report, with a special

focus on planning for sustainable urban mobility, has

rightly concluded that unless transport projects and

urban planning are integrated, congestion on roads,

inefficient use of infrastructure, and sprawling cities

would persist. The working group on urban transport

for the Twelfth Five-Year Plan has cautioned that in

another two decades the average journey speed of vehi-

cles on the major city roads would come down drasti-

cally from 26 to 17 km an hour to 8 to 6 km an hour.

Along with it, the trip lengths and number of trips made

within cities would also double. This would lead to

inefficient use of fuel, inordinate wastage of time and

more pollution. To address this problem, the Ministry

of Urban Development has proposed an investment of

Rs.23 lakh crore to build more roads and rail networks

by 2031. The hard reality is that even this colossal

infrastructure would not guarantee better mobility.

The main problem with Indian cities is the dis-

connect between growth and transportation grids. Un-

like cities such as Curitiba in Brazil, public transport

does not guide their growth. Real estate forces shape

them. As a result, the suburbs either lie scattered or

grow linearly. The distances between them, the core-

city and places where jobs are concentrated increases.

Developing a fast lane road network alone cannot

change the inefficient travel pattern. What are re-

quired are compact neighbourhoods built around mass

transport links. To achieve this, the National Mission

on Sustainable Habitat recommended that new devel-

opments should not be encouraged unless local-street

grids are developed, and they must abut existing devel-

oped areas with a minimum density of 175 inhabitants a

hectare. These recommendations have remained only

on paper. Where public transport exists, lack of last

mile connectivity between residential neighbourhoods

and station points in the form of pedestrian pathways

and bicycle tracks has impeded their use. Cities have

not innovated institutionally too. Only a few have cre-

ated the Unified Metropolitan Transport Authorities to

integrate different modes of transport and connect

them with urban planning. Where present, UMTA is

besieged with problems. For instance, in Chennai, the

government is yet to notify the UMTA Act that gives it

the legal backing. Comprehensive planning alone can

relieve our choking cities.

Mobility matters

CARTOONSCAPE

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