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8 EDITORIAL
BENGALURU

THE HINDU WEDNESDAY, JULY 1, 2015

Halo lost in the acche din

Pavan K. Varma
WEDNESDAY, JULY 1, 2015
Constant allegations of corruption or impro-
priety have become the raucous template of
The woes Indias political life. On many occasions
these are not tenable or verified, and are
hurled around only for transient political
of Greece mileage. At other times, they are both seri-
ous and substantive, and need to be dealt
with in accordance with the law and the
s financial markets worldwide tumbled over democratic conventions that must guide
The BJPs attempt to gloss over Lalitgate will not
be easy. After the Prime Minister took the high
moral ground, in 2014, on fighting corruption, any
move now to renege on his promise will not only
dent his credibility but also cause the moral edifice
of his campaign and the government to collapse
cause notices to him. And, Mr. P. Chidamba-
ram, the former Union Finance Minister in
the UPA, had, as per his own admission,
ga, na khane doonga [I will not take bribes,
Moreover, there is increasing evidence
that her action may have been influenced by
what appears to be rather dubious monetary
and transparent dispensation. Na khaoon-
nor will I allow anybody to do so] was his
high minded assurance to the people of India
who, trusting him, gave his party an absolute
majority. Now, if he reneges on that promise,
his personal credibility and the entire moral
edifice of his campaign and one-year-old
government will collapse.
Second, it is unlikely that the political op-
position will let him off the hook so easily. If
no action is forthcoming against the erring
Ministers, the monsoon session of Parlia-
ment promises to be a washout. A thorough
investigation is in order, and a Special In-

A concerns that Greece would default on its

debt to the troika comprising the European
Commission, the European Central Bank and
the International Monetary Fund, the people of Greece
were being presented with a Hobsons choice by its
government led by the leftist party platform, Syriza. In
the midst of intense negotiations with representatives
of the troika over rolling over debt payments, the Syriza
government sought to extend the deadline for pay-
ments in order to allow it to put the conditionalities of
the troika for a bailout extension to a referendum vote.
Prime Minister Alexis Tsipras has denied that this
referendum, scheduled for July 5, is on whether or not
to continue within the eurozone; he says it is only on
the acceptance of the troikas demands. But with the
troika unrelenting on the June 30 deadline for repay-
ment of debts to the IMF, and Greece being in no
position to pay, the referendum could more or less be
on remaining in the eurozone. This presents a difficult
choice for the people of Greece. After all, the Syriza was
voted to power in January 2015 precisely on the prom-
ise of halting the programme of austerity imposed by
creditors that has resulted in a drastic contraction of
Greeces economy and increase in unemployment. Yet,
the mandate was also for negotiations to remain within
the eurozone as Greek voters had realised that the
Grexit would mean too much pain (at least in the near
term) due to capital flight, a run on the banks and other
troubles in returning to the drachma as currency.
Over the past five months, Syriza representatives,
true to their mandate, have sought to alter Greeces
terms of engagement with its creditors, seeking debt
relief that would allow fiscal expansionary policies to
spur the economy. Yet, the troikas response has been
to stonewall the proposals and instead push Greece to
further the austerity measures it has pursued following
the first major bailout in 2010 and another in 2012. The
troikas reasoning is simple: tolerating a Greek default
would amount to sending signals to other creditor-
nations about similar leniency. Instead, the troika has
merely offered a five-month extension of Greeces bai-
lout programme with fresh funds but with persisting
austerity conditions. With barely a concession to the
Greek position, there remains a wide gap between the
Greek peoples expectations and the EU recommenda-
tions. With Greece already having to impose capital
controls and bank holidays to avoid further capital
flight measures that were supposed to be taken in the
event of an exit from the EU it begs the question
whether the Grexit is inevitable.
public life.
The current maelstrom of both financial
wrongdoing and constitutional impropriety
that has hit the ruling Bharatiya Janata Par-
ty (BJP) needs to be seen objectively, with-
out hysteria and the shrill tone of televised
debates. Such a calm approach is not what
the BJP should expect from its opponents.
During the United Progressive Alliances
(UPA) rule, the BJP was nothing short of
obstreperous in pursuing its campaign
against public immorality. Entire sessions of
Parliament were stalled as it took its protest
both to the streets and to the highest temple
of democracy. Ms. Sushma Swaraj, then
Leader of the Opposition in the Lok Sabha,
had said that not allowing Parliament to
function is also a form of democracy, like any
other form.
Mr. Arun Jaitley, her counterpart in the
Rajya Sabha, and now the Union Finance
Minister in this government, had in an in-
terview in August 2012, justified the dis-
ruption of Parliament. The problem in
democracy is that what you say in one con-
text comes back to haunt you in another.
Now, the BJP is at the receiving end, and it
can hardly expect the Opposition to be par-
ticularly decorous, restrained or forgiving.
A humanitarian gesture
Even so, the facts of the case regarding Ms.
Swaraj and the Rajasthan Chief Minister,
Vasundhara Raje, must be evaluated objec-
tively. I have the highest personal regard for
Sushmaji. She is an exceptionally competent
Minister, and a person of principle and in-
tegrity. What made her then seek to help
Lalit Modis request for travel documents
without consulting either her own Ministry,
or the Finance Ministry, or our High Com-
mission in London? After all, the allegations
against Lalit Modi were not of an insignif-
icant nature. He was accused of violations
against both the Foreign Exchange Manage-
ment Act and Prevention of Money Launder-
ing Act. His passport stood revoked since
March, 2011. The Enforcement Directorate
has sent not one but as many as 15-16 show
CARTOONSCAPE
written to his counterpart in the United
Kingdom to send him back to India to face
charges. True, Mr. Modis request was in the
context of the need for him to travel to Por-
tugal to be with his wife being operated for
cancer. It is also true that there was a per-
sonal friendship between Mr. Lalit Modi and
Ms. Swaraj, and that her husband, Swaraj
Kaushal, and daughter, were part of Mr. Mo-
dis legal team. The jury is out on whether
such a friendship necessarily constitutes
conflict of interest. But, certainly, it does not
provide sufficient ground for her to dub her
impulsive action as a humanitarian ges-
During UPA rule, the BJP was nothing short of obstreperous in
pursuing its campaign against public immorality. Now, when it
is at the receiving end, it can hardly expect the Opposition to
be particularly decorous, restrained or forgiving
ture. The External Affairs Minister of a
country is not allowed such humanitarian
luxuries; nor do personal friendships matter
when you have to take decisions as part of
the government of which you are a cabinet
minister. Governments are a continuum,
and if a new party comes to power, it must
take cognisance of actions taken by its pred-
ecessor. Therefore, her decision to act uni-
laterally, without consulting her own
government, and, in particular the Finance
Minister, may not have been mala fide but it
was certainly inappropriate.
Line of personal friendships
In the case of Ms. Raje, the issues become
more complex and even more serious. What
is really inexcusable is that she decided to
sign a statement of support for Mr. Modis
continued stay in the U.K., with the express
condition that her action should not come to
the notice of her own government. At the
time when she did this, she held a Constitu-
tional position as Leader of the Opposition
in Rajasthan, and had entered the Assembly
with an oath to serve the Constitution.
investments worth several crores made by
Mr. Modi in her sons company, and that she
herself could have been the beneficiary of
such investments. Unfortunately, her case
too shows clearly that personal friendships
got the better of both morality and legality.
Probity and foreign practices
Just as a matter of perspective, it could be
instructive to try and envisage what would
happen in similar matters in other respon-
sible democracies. Suppose, for a moment,
that in the U.K., the foreign minister, and
another politician of near equal importance,
had intervened directly with India, behind
the back of their own government, to assist a
person sought by their country for allegedly
serious economic offences, and proof of their
clandestine intervention along with evi-
dence of conflict of interest and dubious fi-
nancial transactions became public, would
they be allowed to continue in office? The
answer, most certainly, is a categorical no,
and, in all probability they would resign
themselves, as several of them have indeed
done in the past for far less aberrations.
Much of our parliamentary system is model-
led on the British model. If we can borrow
the hardware of our democracy from our
former colonisers, why cant we emulate
their practices as far as public probity is
concerned?
The BJPs attempt to brazen out these
charges is not going to be easy. First, to do so
would be diametrically opposite to the high
moral ground Mr. Narendra Modi took while
campaigning for the last Lok Sabha election.
At that time, with the scams in the UPA II
government as his target, all his speeches
were full of the promise of providing a clean
vestigation Team (SIT) under a judge of the
Supreme Court needs to probe the entire
matter.
In the interim, the most dignified thing
would be for both Ms. Swaraj and Ms. Raje to
voluntarily resign. Their mentor, and the
seniormost leader of the BJP, L.K. Advani,
has hinted that this would be the best thing
for them to do, citing his own immediate
decision to resign when the Hawala scam
broke. The BJP leadership should remember
too, that Congress leaders like Law Minister
Ashwani Kumar and Railway Minister Pa-
wan Kumar Bansal had been forced to resign
under Opposition pressure on the basis of
public probity even when no charges had
been proved against them.
Rumblings within
Third, Ms. Swaraj and Ms. Raje are not the
only problems the BJP is facing. In Madhya
Pradesh, Chief Minister Shivraj Singh Chou-
han is increasingly facing the heat in the
Vyapam recruitment scam. In Maharashtra,
Women and Child Welfare Minister Pankaja
Mundes purchase order for Rs.206 crore in
a single day in February this year through 24
government resolutions without inviting
tenders has raised serious questions of fi-
nancial propriety. In Delhi, Union Minister
for Human Resource Development Smriti
Iranis several versions of her educational
qualifications in her sworn affidavit to the
Election Commission, has been taken cogni-
sance by a court of law. Mr. Kirti Azad, a
senior BJP MP has, meanwhile, in June
2015, requested the Delhi police to file an
FIR against Mr. Jaitley for alleged wrong-
doings in the Delhi and District Cricket As-
sociation (DDCA). Indeed, affairs in the
party are also far from happy. Mr. Advani has
also spoken about the possibility of an Emer-
gency being imposed again. Another senior
party leader, Mr. Yashwant Sinha, has open-
ly castigated the party leadership for consid-
ering anyone over the age of 75 to be
brain-dead! Other influential MPs like Mr.
R.K. Singh from Bihar have surprisingly bro-
ken ranks and struck a discordant note over
Ms. Swaraj and Ms. Raje extending help to
Mr. Lalit Modi. In several States, the BJPs
political barometer is far from being san-
guine. The drubbing it received in the Delhi
Assembly elections, so soon after its massive
victory in the Lok Sabha election, is still
fresh. In Jammu and Kashmir, the alliance
with the Jammu and Kashmir Peoples Dem-
ocratic Party is in danger of running aground
on its own contradictions. And, in Bihar,
there is visible confusion as an entire host of
putative BJP leaders pull each other down in
the race for who would be the BJP chief

Opening up ministerial candidate in the forthcoming

State elections.
In all of this, the silence of the Prime

legal services Minister is deafening. For a man who is

known to tweet on the most inconsequential
things, his stoic refusal to comment on the
goings-on in his own party, is most revealing.
he governments proposal to open up the legal

T
In no other ethically functioning democracy
services sector to foreign participation in a would the head of the government keep si-
limited way may mark the end of Indias policy lent on such matters. Tactics, strategy and
of barring international law firms from enter- expediency cannot become a substitute for
ing the country and of keeping domestic firms and public accountability. It appears that our
Prime Ministers acclaimed eloquence was
lawyers insulated from the growing global market for much more in evidence when he was making
trade in legal services. The government says it has both the promise of acche din, but now that the
the Bar Council of India and the Society of Indian Law dream has begun to go sour, he has somehow
Firms (SILF) on board. The proposed entry of foreign lost his voice.
firms will be limited to aspects other than litigation and (Pavan K. Varma, an author-diplomat, is a
to international commercial arbitration. The presence Rajya Sabha MP representing the Janata Dal
(United).)
of overseas lawyers in forums of litigation is of course
ruled out. It is unlikely that foreign firms will be in-
terested in litigation work, which is by and large orga-
nised and regulated on national lines. Further, unless
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

there is reciprocity with regard to recognition of legal

qualifications among member-countries, it will not be
possible for visiting legal professionals to overcome
basic eligibility norms. Ever since the General Agree-
ment on Trade in Services was adopted by member-
countries of the World Trade Organisation (WTO), the
potential for legal professionals to offer services outside
their national jurisdiction has expanded exponentially.
Apart from drafting of agreements and contracts and
rendering general advice to overseas clients on domes-
tic legal regimes and frameworks, advocates and law
firms now play a big role in starting new businesses,
mergers and acquisitions, advising on investments,
complying with regulations and obtaining clearances.
At the same time, there has been disquiet in the legal
fraternity about the possible adverse implications of the
entry of foreign firms which, presumably, are better
organised and have better resources to corner the legal
services market. Some went to court and obtained fa-
vourable orders barring the entry of overseas players.
The courts have so far said foreign firms cannot practise
in India without adhering to the Advocates Act. How-
ever, the Madras High Court has allowed overseas pro-
fessionals to fly in to offer advice to clients on
international legal issues, and participate in interna-
tional commercial arbitration. The matter is now in the
Supreme Court, but if the government can carry the
legal fraternity along on its proposals, India will be in a
position to benefit from opening up the sector. Howev-
er, all stakeholders must see to it that it does not have an
adverse impact either on the cost of litigation or on the
livelihood of hundreds of thousands of people enrolled
as advocates in the country. A key consideration would
be whether India ought not to try and get a share in the
estimated $20-billion global annual trade in legal ser-
vices. The country now has better law schools and a vast
pool of legal talent; there is no reason why it should not
succeed.
CM
YK
heard in Indias highest court. understand that it is not other. Where is the wherewithal for note of dissent. Neither the
Multilateral bank Pulapre Balakrishnan, homosexuality, but the sanctity of a poverty stricken person to think gracious TTE nor the station
After steering the founding of a new Kozhikode marriage that is under attack. and do anything other than looking superintendent had the right to
bank, the Asian Infrastructure and Supporters of the man-woman for ways and means to survive? allow any such passenger to pass
Investment Bank, China now The writer should have restrained marriage concept arent out to Alleviating poverty calls for states, through the gate stealthily. Rules
assumes the role of building the himself while hailing the judgment discriminate against anyone; they world bodies and capital owners to are rules. Losing ones wallet in the
economy of nations not only in the of the U.S. Supreme Court and simply want to preserve the summon the will to band together washroom is not a reason for any
region but also those of member criticising what the Supreme Court institution of marriage as it has and make a concerted effort to wipe passenger to pull the emergency
countries across West Asia and of India did in Koushal (Emulating served society for centuries. The it off from the face of the earth. chain.
Europe. It is remarkable that China the U.S.s rainbow moment, June LGBT lobby may argue that gender, R. Ramanathan, Mr. Nair ought to have been
is growing by leaps and bounds not 30). In his enthusiasm to eulogise especially in child rearing, is Coimbatore handed over to the station
only in terms of its military power the judgment, he seems to be inconsequential, but research superintendent with a handing
but also in its economic prowess. It oblivious of the fact that the indicates that children are best Being American over memo at the destination for
may be in a position that may tempt judgment in the U.S. was rendered raised when this is done by a America is a nation made up of realising the fare amount due from
immigrants of all kinds
it to impose conditions to its through a thin majority, that is, five married mother and father. him (without penalty in this case)
advantage on other member to four votes, and was not a Alexander George, nationalities, religion, race and as the problem cropped up on
nations with the aid of its veto unanimous one. Judges of the Thrissur colour and who are actively account of his own carelessness.
powers. Therefore, other nations Supreme Court of India are, if not contributing to forming the The outgoing TTEs benevolence in
should be wary of this danger from more, not less learned than their Moving to Silicon Valley identity of this innovation giving Mr. Nair Rs.20, and from his
this potential Leviathan. In this counterparts in the U.S. and so we A reason why bright NRIs are laboratory of the world (What it pocket, was the only appreciable
context, Indian participation will should have faith in our judicial experiencing road blocks means to be American, June 30). aspect in the story.
help in giving direction to system in interpreting the (Hemmed in by red tape, Indias Here, people favour originality, the J. Eden Alexander,
economic decisions. Constitution and the law in the tech stars flock to Silicon Valley, talent to lead and displaying an Thanjavur
K. Rajendran, present dynamics of society. There June 30) could be the lack of innovative mindset. Bobby Jindals
Chennai is no need to put words in their domain experience in the comments can be seen to compete This happened in the 1990s. I was
mouths or to guide them. appropriate fields such as science, for the vote of right-wing travelling from Bhimavaram
Rainbow moment K.K. Chug, technology, commerce and other conservative forces who would Junction to Bhimavaram Town
I, along with most other members New Delhi economic ministries at the top with all my original academic
rather like to define America in the
of Indias LGBT community, am levels. A decade or so ago, these narrowest possible, white frame. certificates in a book and kept it in a
aware of the consistent stance When the Supreme Court of India ministries were headed by Had this been the guiding force of wire bag that I had placed on the
taken by The Hindu on Section 377 upheld Section 377 of the Indian technocrats. This could certainly America, the U.S. would never have luggage rack. At Bhimavaram
of the Indian Penal Code. Now, in Penal Code, it implied the natural help in reducing the time taken to Town, I forgot to pick up the bag
reached the heights it has attained.
light of the historic judgment on understanding of marriage as being get all the necessary approvals. Rejecting an identity doesnt give and realised this only after the train
same sex marriage by the U.S. an exclusive union between man D. Ajitha Simha, had left. I recovered from the shock
you a new identity; it just destroys
Supreme Court, the daily has and woman. Tampering with that Bengaluru the existing one. One hopes that and telephoned the station master
clarified that the Indian understanding will prove Mr. Jindal realises this. of Akiveedu, the next station, on the
Constitution envisages the right to detrimental to society. It is only a World Bank report Vivek Rayal, advice of the Bhimavaram station
life, liberty and the pursuit of matter of time before the Indian It is the foremost duty of the state New Delhimaster. He located it and kept it
happiness without prejudice to Constitution will also be altered. to provide the basic means and with him. I hope that the Railways
sexual orientation (Editorial, June Either that change will come from sufficient opportunities to people A train journey continues with this practice of
30). One hopes that this principle judges intent on creating the right suffering from poverty (Teaching Many a reader may empathise with helping passengers and winning
will be respected when the curative of same sex couples to marry or the poor to behave, June 30). In the plight of Mr. C.A. Nair (Open their hearts.
petition to leave Section 377 from the legislature under pressure any case, poverty and behaviour Page The experience of a train T.S.N. Rao,
inapplicable to consenting adults is from the LGBT lobby. Both fail to have no relationship with each journey, June 30) but I strike a Bhimavaram, Andhra Pradesh
BG-MY
 www.jobsalerts.in
10 EDITORIAL
BENGALURU

THE HINDU THURSDAY, JULY 2, 2015

The Greek crisis and an imperfect EU

Sanjaya Baru
THURSDAY, JULY 2, 2015
The European Union (EU) was never a union.
Greece has called the bluff. At the heart of the
Outcomes with economic crisis in the EU is a political failure.
The inability, indeed the unwillingness, of
the member nations of the Union to move
a pattern beyond a single market and a monetary
union to create a political entity. The eco-
nomic crisis in Greece is a manifestation of
uling parties have an inherent advantage in that political failure across the EU. National
The IMF and Germanys response to Greeces
social crisis has set in motion political responses
that could have long lasting impact on big power
equations within Europe and beyond. In Greece, it
is the IMF and Europes regional financial
institutions that have been found wanting
Germany has behaved much in the same
way that developed States in India like to
when it comes to the question of transferring
funds to less developed States. The former
future of Europe.
tragedy. First, the rise of Germany as a geoe-
conomic power and, second, the return of
Russia as a geopolitical player. Over the
years, a more economically successful and
just about sovereign default. It is about the
There is an interesting parallel between
the Asian nancial crisis of the late 1990s and
the European crisis today. In 1997-98, when
Indonesia, South Korea and Thailand faced a
payments and debt crisis, it was the political
fallout of that crisis, and the failure of the
International Monetary Fund (IMF) to help
the economies in trouble, that altered Asian
geopolitics. While the IMF sermonised Ko-
rea and dictated to Indonesia, China stepped
in and bailed out Thailand. The IMF has not
been able to return to Asia since, while China
has set up its own regional nancial

R by-elections. With no possibility of bringing

about a change of government, voters in ge-
ographically circumscribed constituencies
have no incentive to offend those in power or to encour-
age those in the Opposition. The results of the recent
Assembly by-elections for six seats in ve States were
on expected lines. The surprises, if any, were limited to
the margins of victory, and who came second. In Tamil
Nadu, no one expected Chief Minister Jayalalithaa to
lose in the R.K. Nagar constituency in Chennai. She was
contesting for a seat in the current Assembly a second
time, having forfeited her seat following her conviction
in the disproportionate assets case. Although the stakes
were high for Ms. Jayalalithaa, the major Opposition
parties did not eld candidates against her. Only the
Communist Party of India, with no signicant support
base in the constituency, entered the fray. The record
88.43 per cent votes that she got was thus only a mild
surprise. In Tripura, the Communist Party of India
(Marxist) won both the seats, and the surprise was the
performance of the Bharatiya Janata Party, which n-
ished second, ahead of the Congress. As in West Bengal,
the BJP is rapidly expanding its base in Tripura. If in
West Bengal it is the CPI(M) that is yielding ground to
the BJP, in Tripura it is the Congress that is seeing
erosion in its support base. However, in Kerala, another
State with a strong Left presence, the BJP failed to
dislodge the CPI(M) from the second spot despite eld-
ing former Union Minister O. Rajagopal. In Madhya
Pradesh the BJP won the Garoth seat, but with a re-
duced margin. The Congress could do no more than
claim this was a moral defeat for the ruling party. But
in Meghalaya, where it is in power, the party won the
by-election in Chokpot.
If there is one running pattern in all these results, it is
that the ruling party is always tough to beat. Over the
last two decades and more, the Election Commission of
India has done a lot to limit the advantages of in-
cumbency in elections. The model code of conduct
places restrictions on the government initiating welfare
schemes and development projects in a constituency
going to the polls. But voters know they would be
rewarded later if they vote for the ruling party. Howev-
er, there is no guarantee that the results in a by-election
would hold in a general election. When voters sense an
opportunity to throw out a ruling party in a general
election, and not just embarrass it as in a by-election,
they vote in a very different manner. While these by-
elections are thus cause for some celebration for those
in power in the respective States, they are by no means
pointers to what could follow in a general election.
politics have worsted regional economics.
Imagine an India in which a less developed
State was on the verge of default and neither
New Delhi nor any of the more developed
States were willing to step in and help. The
success of the Indian Union rests on the fact
that the developed regions of the country,
and the Union government, have taken upon
themselves the responsibility of offering a
safety net to the less developed regions. All
federal systems and continental nations are
built on this foundation of regional interde-
pendence and mutual support facilitated by
federal political systems.
A commentary on EU
The failure of the EUs more developed
nations, especially Germany, to provide such
a safety net to a less developed one like
Greece has brought the EU to the brink of
unravelling. This situation has been long in
making.
The distance between Brussels, Berlin and
Athens was brought home to me 20 summers
ago when I opted for Athens as a destination
for my travels as a guest of the European
Union Visitors Programme (EUVP). The
head of the Delegation of the EU in Delhi at
the time, a French diplomat, suggested po-
litely that I drop Athens and opt for Paris
instead. The EUVP invitee was allowed to
visit two European capitals of choice apart
from the visit to Brussels. Berlin and Paris
are the heart of Europe, she told me. Why
waste time visiting Athens?
Since I had been to Paris many times and
never to Greece, I insisted on Athens. When
the ambassador of Greece to India found out
that I was under pressure to visit Paris rather
than Athens, he threw a mighty t causing a
diplomatic brouhaha in Brussels. Two dec-
ades later, the relationship between Europes
major powers and its peripheral nations has
not changed much.
CARTOONSCAPE
usually sermonise the latter on the virtues of
industriousness and hard work and blame
them for their backwardness. The latter de-
mand all manner of special assistance. The
Indian union has the political instruments to
prosperous Germany has asserted itself, pro-
jecting its post-war geoeconomic power to
acquire political inuence. The eastward ex-
pansion of the EU has further facilitated this.
Germanys ascendance within Europe was
institutions.
Russia does not have the deep pockets to
be a China to beleaguered Greece, but the
IMF and Germanys myopic policy response
to Greeces social crisis has set in motion
deal with such issues. The EU doesnt. shaped by two additional factors. First, the political responses that could have similar
Through the 1990s and well into the relative decline of other European econo- long lasting impact on big power equations
2000s, EU enthusiasts from various Europe- mies, especially the economies of southern within Europe and beyond. In Greece it is not
an, especially German, think tanks would of- Europe. just the IMF but also Europes own regional
ten lecture Indians about the virtues of Second, the induction into the EU of sever- nancial institutions that have been found
regional cooperation and hold up the EU as al east and north European economies wor- wanting.
an example for South Asia to emulate. The ried about the resurgence of Russia as a Germany, it would appear, would not mind
fact is that long before the EU tried its experi- geopolitical player. Russian President Vladi- the exit of Greece, and maybe even Italy,
because it has acquired a more loyal hinter-
land to its east. This could well mark the
beginning of a new Pax Germanica. The
Germany has behaved much in the same way that developed crisis in Europe is also a test for the U.S.
States in India like to when it comes to the question of Having fathered the post-war trans-Atlantic
order, the U.S. is unable or unwilling to step
transferring funds to less developed States India has the in and preserve the EU in its present form.
political instruments to deal with such issues. The EU doesnt. When the dust settles in Europe the
emerging multipolar world will come to stay.
If the Asian nancial crisis consolidated Chi-
ment with unication, India did. The reason mir Putins aggressive leadership has sent a nese power in Asia, the European nancial
why India stuck together and the EU is now shiver down Europes spine and many of East crisis will consolidate German, and perhaps
facing the prospect of Grexit and Brexit Europes smaller nations. Russian, power in Europe. Economic crises
(the exit of Greece and Britain) is because the do have geopolitical consequences.
Indian Union became not just an economic Germany and multipolar world
and political union but adopted the principle While southern Europe, including Italy, Developed economy risk
of federal nancing administered by a demo-worries more about growing German assert- The crisis in Greece does not in itself pose
cratically elected Union government. iveness within Europe, northern and eastern an economic risk for Indian investors and
Europe worry about a re-assertive Russia. It
The absence of such a principle of internal traders, but a Europe-wide crisis would.
is against this background that Greeces na-
safety net for an imploding economy, and the Even as the Indian economy begins to recov-
tionalist and Leftwing leadership reached
weakness of the EUs political institutions, er from the consequences of Indias own bad
has brought the EU to this brink. How the out to Russia for help and Mr. Putin was quite policies it may face the risk of dealing with
citizens of Greece would view their future happy to step into Europes troubled waters. those of Europe. There may be some business
and how much importance they attach to Indeed, the fact that Greek voters opted for a opportunities for Indian investors arising
their membership of the EU to safeguard Leftwing leadership has added a new dimen- out of the decline in asset valuations in Eu-
sion to the resolution of the crisis, given
their future will be determined this weekend rope, but caution would be the better part of
when Greece conducts a referendum. concerns in Germany and the United States valour.
about rising left-wing and right-wing forces Over the past ve years, there has been a
Future of Europe
in Europe and the decline in the inuence of ight of capital from India to Europe. Many
Two exogenous factors have come to shape centrist political parties. Therefore, the Indian companies have found investing in
the Western response to an unfolding Greek stakes are high. The crisis in Greece is not Europe a better proposition than investing at
home. What the Greek crisis shows is that
even in developed market economies there
can be government failure, if not market fail-
ure. Indian businesses that seek foreign mar-
kets and external investment opportunities
must invest more in understanding the na-
ture of political risk around the world. Far
too many analysts have worried about
emerging market risk to have bothered
about developed economies risk. This now
deserves attention.
What the Greek crisis also brings home to
Indian policymakers is the importance of re-
sponsible economic management at home
and the need for creating multiple interde-
pendencies externally. Greeces weakness is
that few in the world worry about its econo-
my capsizing. India was in that spot in 1990-
91 and, mercifully, is no longer in that worri-

A new multilateral some place. But the debate on the extent of

global interdependency that India should
create and maintain continues. The lesson

institution from Greece is not that a country should

isolate itself from the global economy but
that it should carefully manage its relations
with the regional and world economy.
he launch of the $100-billion Asian Infras- (Sanjaya Baru is Director for

T tructure Investment Bank, within two years of

its conception, signals the arrival of a new
multilateral institution on the world stage. It
also represents a challenge to the older such institu-
Geo-economics and Strategy, International
Institute of Strategic Studies, and Honorary
Senior Fellow, Centre for Policy Research,
New Delhi.)
tions. Mooted by Chinese President Xi Jinping in Octo-
ber 2013, the AIIB took shape with 50 members,
including Australia, India, Russia and the United King-
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

dom. The articles of agreement were initialled at a

gathering in Beijing of representatives of the 57 found- RSS leader on govt.
ing-members. The remaining seven are likely to sign in RSS ideologue and former BJP
by the end of the year. China will be the largest share- General Secretary K.N.
holder (at 30.34 per cent), followed by India (8.52 per Govindacharyas castigation of the
cent) and Russia (6.66 per cent). Though one among the BJP-led government on the alleged
Asian giants, Japan has chosen to stay out of the Beij- misdeeds of front line leaders of
the party appears to send out a
ing-initiated AIIB. The Philippines, which has territo- clear signal that big brother RSS is
rial issues with Beijing in the South China Sea, has held not pleased with the goings-on
itself back from signing, for now. And Indonesia has (Govt. has no values: RSS leader,
sought to have the bank housed in Jakarta. These spell July 1). The fact that harsh words
geopolitical roadblocks to the success of the China-led like political dishonesty have
initiative, which in a way is meant to counter the pur- been mentioned makes it clear that
the onus is now on Prime Minister
ported bias among existing multilateral institutions, Narendra Modi to clean the
that are perceived to be driven largely by the diktats of Augean stables and show the door
the U.S. and Europe. Indeed, the AIIB is a culmination to those who are guilty.
of Chinas incessant articulation of the concerns of the C.V. Aravind,
emerging economies, which felt they were not being Bengaluru
given an adequate say in institutions such as the In- BJP and Lalitgate
ternational Monetary Fund and the World Bank. Again, Halo lost in the acche din (July 1)
the AIIB is the consequence of the inability of these was a realistic and balanced picture
institutions to undergo change to suit changing times. of the dilemmas that confront the
It is also essential to see the AIIB and Chinas ambi- BJP-led government and the party.
What is surprising is that despite
tious plans for the Belt and Road project as being
the situation being not totally
complementary. The AIIB as envisaged by China is irredeemable, the Prime Minister
clearly meant to use its nancial resources and surplus is neither acting nor making any
to invest in projects in the Asian neighbourhood, which public statement on the issue.
is suffering from a massive infrastructure funding gap. Under the circumstances, the
The infrastructure projects in the neighbourhood, nev- Opposition cannot be blamed if it
ertheless, are a way of allowing Chinese companies administers the same medicine
which the NDA was prescribing
(among others) to participate and invest in them at a when it was in the Opposition
time when there is a situation of industrial overcapac- obstructing parliamentary
ity. The participation of many countries from Europe proceedings, session after session
and elsewhere in the AIIB attests to their understand- and without rhyme or reason. Lets
ing of the potential of the projects for which the in- hope taxpayers money is not
wasted again.
vestments could be used, especially the Belt and Road Peter Mundackal,
schemes. Indias participation in the AIIB, too, indi- New Delhi
cates that New Delhi is keen on a balancing act to suit its
interests to engage with the West and the dominant The writer has chosen not to make
international nance order, at the same time exploring any mention of the Congress
options with new nancial institutions. This is a pru- leaders who have been named by
Lalit Modi, but merely choosing to
dent strategy. Will the AIIB be different from the likes see them as insignicant players in
of the IMF and the World Bank? That will depend this episode. Also, he has failed to
largely on how Beijing manages the cooperation game. highlight, even in passing, the
CM
YK
problems that plague Indian BJP promised to put an end to the power of its people. Therefore, the livelihood issues of traditional
cricket, choosing instead to see black money economy. Now there nancial troika must re-examine businesses and expansion of
them as a political problem alone is a deafening silence. In Lalitgate, its demands of severe austerity consumer choices. Industries
when it is much more than that. had only local leaders been measures and chalk out an based on digital technologies
The point is that every political involved, many heads would have alternative path of anti-austerity cannot be regulated as brick and
leader worth his/her salt is sorely rolled by now. The inaction so far and pro-growth policies that will mortar industries are because the
lacking in probity in public life. only makes it clear that there are enable Greece to emerge from the structures are different. The Uber
While it would have been only big sh and deep corruption. storm. and Ola drivers are part business
appropriate for the Ministers Sukumaran C.V., Gaurav Moghe, owners and part workers. Can the
concerned to resign, the harsh Palakkad Gwalior government intervene in such
truth is that we will never see that business arrangements without
happening because of complex The Greek crisis An overreliance on foreign harming consumer preferences?
factors at play and the intense The crisis in Greece (Editorial, July borrowings is what landed Greece One thing is certain. The creative
desire to stay in power. One can 1) presents the darker side of in trouble. Resorting to domestic destruction unleashed by new
only surmise that Lalit Modi is not Greeces economy that not only drivers for growth, curtailing technologies is neither entirely
going to go down without a ght threatens to engulf Greece, but also imports and effectively tackling benign nor democratic. For
and is only waiting to reveal more. raises questions about the viability the possible slowdown of exports conventional businesses, adapting
Akshay Viswanathan, and meaning of the European are some important steps that to the new regime is easier said
Thiruvananthapuram Union as an entity. The mess that India may need to take in order to than done. They face a Hobsons
Greece nds itself in is no doubt insulate itself from a fallout of the choice join the bandwagon or
It is a known fact that Narendra one of its own creation. However Greek crisis. The RBI has rightly perish. For instance, stand alone
Modis success and upward the solutions being offered to it by suggested moving away from taxi businesses in cities cannot
trajectory, especially in the the EU guided by Germany can purely export-driven growth. survive unless they hitch their
beginning, was built on his only compound its difficulties. Domestic fundamentals need to be wagon to app-based aggregators.
oratorical skills and that people Greece needs economic expansion bolstered by India as Greece V.N. Mukundarajan,
were ready to believe anything that and growth to generate resources induced pessimism may prove to Thiruvananthapuram
he uttered. After a decade of to pay its debt and to produce be a dampening factor for global
experiencing deeply corrupt productive employment. However, investors to invest in India. The World Bank report
practices of the Congress and its the imposed regime of scal solution for recovery from possible The article, Teachingthepoorto
associates, people yearned for a frugality and impractical ill-effects lies in strengthening our behave (June 30), is a sound
change. It is odd that they have now commitments has meant an domestic economy by ensuring the critique of the often justied
failed to understand that all our economic contraction that does promised public investment push tendency of economists and
politicians are the result of a nothing to move Greeces economy in key sectors. intellectuals to reduce the
culture which considers the prime to a positive trajectory. The EU R. Sampath, complexity, magnitude and reality
achievement of becoming a needs to take immediate measures Chennai of poverty to mere individual
politician as being directly to correct this aw or else it would behaviour and/or attitude. The
proportional to how much he or have a different political map Taxis and technology social dynamics of cognition
she is able to feather his or her own altogether very soon. Internet technologies act as proposes and establishes that
nest. Given this, one wonders who Amritpal Singh, double-edged swords they thought and behaviour are
India can ever aspire to become a Amritsar simultaneously disrupt and patterned after social and
corruption free nation. It is up to liberate, empower and enfeeble structural inuences and that even
the younger generation to think The Greek debt crisis revolves (The taxi drivers, July 1). The ones self concept or self image is
about the India it wants. Until around a simple question: whether winners are those who hold the very much the creation of the social
then, acche din will only be a set of
or not the austerity measures are levers of technology while the environment be it local (micro) or
empty words. pivotal in Greeces recovery. losers, like the taxi drivers, end up global (macro). Choosing to be
Rajakumar Arulanandam, Considering the events that took working as the coolies of tech blind to the structural dimensions
Palayamkottai, Tamil Nadu place after Greece received its rst companies. For policymakers, of issues like poverty is to justify
bailout, it seems that austerity resisting or restricting the the unjust structures and blame
Acche din is a halo every political measures only further crippled the application of technology is not an the victims.
party in India creates when not in economy as they discouraged option. They have to balance P. Devanesan,
power. Before it came to power, the growth by affecting the purchasing entrepreneurial freedom, Thanjavur
BG-MY
 www.jobsalerts.in
10 EDITORIAL
BENGALURU

THE HINDU FRIDAY, JULY 3, 2015

Picking up the pieces in Nepal

Rakesh Sood
FRIDAY, JULY 3, 2015
It is said that positive developments seldom
Crime and receive the media attention they deserve.
This is certainly true of post-quake events in
Nepal. Last week, Kathmandu was host to the
needs to be understood is that while the Chi-
The Nepali people are a patient lot but will not nese media may have been as adulatory about
forgive their leaders if even after such a tragedy as the work of Chinese teams in Nepal, Nepali
citizens do not watch Chinese TV but they are
the devastating earthquake, political instability hooked to Indian TV channels. Hence the
importance of walking and talking softly in
and bickering hampers Nepals reconstruction and our neighbourhood, something we often for-
rehabilitation for which the international get as in the case of recent operations
against the NSCN(K) camps in the India-
community has been so forthcoming Myanmar border region causing discom-

compromise International Conference on Nepals Recon-

struction, a successful event both in terms of
its preparatory work and the international
response generated. The role of the Indian
t is a matter of considerable satisfaction that with-
for a third of the annual GDP. Rehabilitation
and reconstruction efforts are further com-
ry, rebuilding infrastructure like roads,
bridges and power transmission systems,
fiture and embarrassment all around.
It was a wise decision on Mr. Modis part to
depute Ms. Swaraj to Kathmandu though Ne-
pali Finance Minister Dr. Ram Sharan Mahat

I
in days of the Madras High Court passing an in-
defensible order asking the perpetrator and the
victim in a rape case to opt for mediation, the
Supreme Court has restated strongly that rape is an
offence that does not brook any compromise. The latest
ruling is a rebuke to appellate court judges who casually
overturn convictions or reduce the prison terms of those
found guilty of rape, often by citing claims that a compro-
mise has been arrived at. With this ruling, the Supreme
Court makes it amply clear that offers of marriage or
forms of financial compromise cannot be applied in a
rape case. It also denies the parents of a minor girl the
right to arrive at a compromise with the rapist. By reit-
erating sharply that any thought of mediation in a rape
case is completely sans legal permissibility, the court
has gone a long way towards ensuring that the lower
ranks of the judiciary have absolutely no reason to take
recourse to such a subterfuge. The Supreme Court
ruling was made in an appeal where the Madhya Pradesh
High Court had converted a case of attempted rape on a
seven-year-old girl into one of attempt to outrage the
modesty of a woman, and had reduced the sentence
from five years to the period spent by the convict in
prison. A recent judgment from the Madras High Court
that had allowed a convicted rapist to be freed on bail to
work towards a mediated solution with the survivor had
shocked civil society and attracted severe criticism. The
Supreme Court judgment is, thus, timely and essential.
A matter of graver concern, however, is the fact that
the Supreme Court is so often being required to restate
the basic principles of justice. It was only in 2013 that it
categorically ruled that there can be no compromise in a
rape case. In several cases in the past, the apex court has
deprecated the tendency of some judicial officers to take
into account purported compromises and award lenient
sentences on that basis. Also, when it comes to sentenc-
ing policy, it should be remembered that as part of the
amendments to criminal law made in 2013, a proviso in
Section 376 of IPC (punishment for rape) that allowed
judges to award lesser prison terms than what are set
down, on special grounds, has been omitted. Judges are
not allowed to consider offers of marriage, the passage of
time, or the state of a woman being happily married as
factors justifying a soft approach towards perpetrators of
rape. That despite the Supreme Courts repeated direc-
tions not all lower courts see the irreparable harm done
to rape survivors by subjecting them to mediated solu-
tions is disquieting. It is also an indication of how deeply
patriarchy is embedded in our judicial system.
A win-win
deal
he diplomatic breakthrough that has been
delegation, led by Union External Affairs
Minister Sushma Swaraj, was effective and
non-controversial. Domestic politics took a
positive turn with the agreement between the
four major parties announced on June 8
which could provide a much needed impetus
to the constitution drafting exercise which
has been stalled for over five years.
The quakes toll
On April 25, a devastating earthquake mea-
suring 7.8 (on the moment magnitude) struck
Nepal. Its epicentre was Barpak, in the histor-
ic Gorkha district, about 76 kilometres north-
west of Kathmandu. Though an earthquake
prone country, Nepal had not suffered an
earthquake of similar magnitude for 80 years.
Since then, there have been more than 300
aftershocks including one of 7.3 magnitude
on May 12, with its epicentre near Mt. Everest
3,000 landslides were also reported. The
tragedy has claimed 9,000 lives with hun-
dreds still missing, making it difficult to gauge
the extent of damage in some of the remote
areas. Yet, the Nepal Planning Commission
was able to present a credible Post Disaster
Needs Assessment document in the run-up
to the June 25 conference, by analysing the
damage and estimating the resources needed
to get the economy back on track.
Fourteen out of Nepals 75 districts have
been declared crisis hit with another neigh-
bouring 17 categorised as partially affected.
The widespread destruction covers private
and public buildings (nearly 5,00,000 build-
ings destroyed and 3,00,000 damaged), heri-
tage sites (Kathmandu valley has seven
UNESCO World Heritage sites), rural roads
and bridges, trekking routes which form the
backbone of the tourist industry, hydel plants
and agricultural land. The total damage is
estimated at $7 billion with nearly $5.4 billion
as the losses of the private sector and house-
holds; the balance $1.6 billion is public build-
ings and infrastructure. GDP growth estimate
has been curtailed from 4.6 per cent to 3 per
cent for the current financial year. While the
loss to physical assets is estimated at $5 bil-
lion, the income loss is $2 billion, accounting
CARTOONSCAPE
plicated by the fact that the worst affected 14 agriculture, education and health, and struc- had come to Delhi to personally convey Nepa-
districts are also among the relatively poorer tures for long-term disaster mitigation. It is li Prime Minister Sushil Koiralas invitation.
districts where a large part of the male pop- an ambitious programme and will need to be While Mr. Modis presence would have gener-
ulation traditionally migrates formanaged carefully with the various Indian ated more media coverage, some of it would
employment. agencies and the newly set up Nepal Recon- have had negative overtones as happened
The document pegs the total financial struction Authority. during his visit last November for the South
needs at $6.7 billion, made up of the social Traditionally, the problem with a number Asian Association for Regional Cooperation
sector ($4 billion), the productive sector ($1.1of Indian funded projects has been significant summit when he called off his trips to Janak-
billion), infrastructure ($750 million), with time delays and consequently, budget over- pur and Lumbini. In addition to the media,
governance, environment, gender and social runs. The integrated check posts, terai roads, the fractured nature of Nepali domestic poli-
protection needs making up the balance. The railway linkages and the Raxaul-Amlekhgunj tics is also quicksand for an Indian political
conference has been deemed a success with oil pipeline are prime examples of such pro- leader, which Ms. Swaraj wisely sidestepped
pledges of $4.4 billion made by the countries jects. While the Indian Embassy can ensure so that the focus remained on the conference
local follow up, what is needed is effective
and multilateral agencies represented in and Indias gesture spoke for itself.
Kathmandu. India took the lead with a pledge coordination at the Delhi end. Either some-
of $1 billion followed by China announcing body needs to be appointed to undertake pe- Political development
$483 million. The World Bank has indicated riodic visits for ensuring that the momentum There has been one positive development
$200 million for housing reconstruction, does not slacken or perhaps the Prime Minis- in Nepali politics though in the aftermath of
$100 million for budgetary support and an- ters Additional Principal Secretary, P.K. Mis- the earthquake. The all round criticism of
Nepals political leadership and its visible ab-
sence during the rescue and relief operations
has forced at least the four major parties to
So far, Indias contribution as the major development reach an agreement on the vexed issue of
and reconstruction partner has been handled well, with federalism which has held up progress on
Constitution drafting for years. On June 8,
discretion and without any chest-thumping about Indias role the Nepali Congress, the Communist Party of
which often leads to resentment in the neighbourhood. Nepal (Unified MarxistLeninist), Maoists
and one Madhesi group led by Bijay Gach-
chadar, together accounting for well over
other $200 million to be redirected from oth- hra, who had visited Nepal in May and also two-thirds of the Constituent Assembly (CA)
er projects. The Asian Development Bank has accompanied Ms. Swaraj, will have to take on strength, announced a 16-point agreement.
committed $600 million, Japan $260 million, this role. He would also need to be sensitive to The Maoists accepted a parliamentary system
the United States $130 million, the United Nepali sensibilities to ensure local cooper- with a ceremonial presidency and it was
Kingdom $110 million, and the European ation. So far, Indias contribution as the major agreed to have a federal Nepal with eight
Union $110 million. What is now needed is development and reconstruction partner has provinces. The boundary delineation has
speedy planning and effective implementa- been handled well, with discretion and with- been left to an expert committee though gui-
tion on the ground. out any chest-thumping about Indias role delines of identity based on ethnicity, lan-
which often leads to resentment in the neigh- guage, culture and viability based on
A positive Indian role bourhood. The Nepali media (and the Indian economics, natural resources and infrastruc-
The Indian pledge is 40 per cent grant and media too) is prone to facile commentary ture potential have been provided. The names
the balance in the form of soft loans. Further, about Indian and Chinese competition for of the provinces, an emotive issue, will be
it is in addition to the $1 billion assistance influence in Nepal. A recent example was in determined by the provincial assemblies. A
package announced last August during Prime the immediate aftermath of the earthquake bicameral legislature will consist of a lower
Minister Narendra Modis maiden visit to Ne- on April 25 when India responded swiftly house of 275 members of whom 165 will be
pal, bringing Indias total commitment to $2 with its disaster relief flights and search and directly elected and the balance through pro-
billion, over the next five year period. The rescue teams but constant tweeting and Indi- portional representation; the upper house
focus will be on housing reconstruction in- an media coverage tom-tomming Indian role will have a strength of 45, five members from
cluding public buildings, heritage restoration amplified into insensitive megaphone diplo- each of the eight provinces and another five to
given our shared religious and cultural histo- macy leading to a backlash in Nepal. What be nominated. This would create a far more
manageable number than the current CA
which numbers 601.
This understanding has faced opposition
from a number of Madhesi parties as also
from the hard line Maoist faction. Legal chal-
lenges have also been posed that need to be
overcome. Some opponents of the federal sys-
tem perceive an Indian hand in the legal chal-
lenge on the rationale that the present regime
in India would like to see a Hindu rashtra
restored in Nepal and would also be more
assertive in supporting the Madhesis. Not-
withstanding such conspiracy theories, the
four party agreement is a step forward in
Nepals political transition. The CA elected in
2008 was to conclude the Constitution draft-
ing exercise in two years but finally lapsed in
2012 without completing the task. A new CA
elected in 2013 has been struggling with the

T made in U.S.-Cuba relations is a vindication of

President Barack Obamas policy of engaging
with nations with which Washington has hos-
tile relations. It shows that patience and creative diplo-
same issues. Meanwhile, no government has
lasted more than two years and all kinds of
coalitions have been tried.
The Nepali people are a patient lot but will
not forgive their leaders if even after such a
macy can work in solving even complex situations rooted tragedy, political instability and bickering
deep in historical and ideological hostility. It took nearly hampers Nepals reconstruction and rehabil-
itation for which the international communi-
two years of hidden negotiations, aided by the Vatican ty has been so forthcoming.
and Canada, before the U.S. and Cuba formally an- (Rakesh Sood, the Prime Ministers
nounced their decision to restore diplomatic ties last Special Envoy for Disarmament and
December. Now, President Barack Obama has formally Non-Proliferation till May 2014, is a former
revealed his administrations plan to open a U.S. embassy Ambassador to Nepal. E-mail:
in Havana, nearly 54 years after President Dwight Eisen- rakeshsood2001@yahoo.com)
hower broke off diplomatic relations. Successive U.S.
governments tried to overthrow and isolate the commu-
nist regime through various means, such as a proxy war,
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

attempts to assassinate leaders, and sanctions aimed at

its economy. But this approach failed miserably: Presi-
dent Obama candidly admitted on Wednesday the U.S.
had been clinging to a policy that was not working.
Since 1992, the U.N. General Assembly has condemned
the U.S. embargo every year. In Latin America, it is the
U.S. that stands isolated, while the rise of new progres-
sive forces to power has strengthened Cubas standing in
the region. So the question Mr. Obama faced vis--vis
Cuba was why his administration should follow a failed
policy. Changes in the domestic constituencies, such as
the blunted opposition of the Cuban American commu-
nity towards the two Castro brothers and the demand
from American capitalist sections, especially big farm-
ing, for new markets, may also have prompted this
change of course.
The U.S. outreach comes at a crucial time for Cuba as
well. The Communist Party of Cuba knows the country
can no longer count on others for economic support. The
Soviet Union, its Cold War-era benefactor, has become
history. Hugo Chvez, the Venezuelan President who
started the sale of cheap oil to Cuba, is no more, and the
socialist regime in Caracas is battling its own challenges.
To recover from its economic troubles, Cuba has moved
to ease state controls over the economy and allow private
capital greater play. Against this backdrop, better coop-
eration with the U.S. and the eventual removal of the
blockade would prove boons for a changing Cuban econ-
omy. However, the bigger question relates to the impact
of this rapprochement on Cubas domestic politics.
While post-revolutionary Cuba has made tremendous
achievements in terms of ensuring the welfare of its
people, its record in respecting their political freedom is
relatively poor. The defenders of the regimes high-hand-
edness have pointed to the military-political threats
from the U.S. as one of the primary reasons for such
policies. With the U.S. and Cuba deciding not to be
imprisoned by their past, it is also an opportunity to
deepen democracy in the island-nation.
CM
YK
Top court on mediation Marriage is not solely about one- such an account and straight from Right to be heard mentioned earlier. If parents are
sided compromise but is more about the horses mouth. incapable of guiding their children
The Supreme Courts ruling that an association of two souls. The Dwaipayan Chakraborty, The main thrust of the article, Have in directions that are in their best
courts should not fall for the Madras High Courts verdict was Kolkata we asked the children? (June 13, interests, the latter should be the
subterfuge of a rape convict to horrifying and reflected legal 2015), that children should have the decisive criterion, and the state and
corner his traumatised victim into a insensitivity towards the trauma Freedom demands discipline and choice of whether they want to work NGOs need to impart parenting
compromise is not only a and agony rape survivors undergo. It has its limitations. Journalists and or not and what type of work they awareness and skills as well as work
commendable outcome but also was nothing but showing further foreign researchers working on should do, is a double-edged sword. towards improved legal solutions
proves that the highest court of the leniency for the rapist to further human rights in India may rightly The International Convention on and educational systems that can
land always strives to preserve the defile a woman. Is this what we bring out rights violations and show the Rights of the Child has validated enable the child to access all
fundamental rights guaranteed by proclaim as being womens that in the shadow of AFSPA, civil a childs right to be heard and opportunities to optimum personal
the Constitution for a woman empowerment? rights are being violated, which consulted in all matters that affect development and career options.
(Womens dignity sacrosanct, no Shubhangi Dubey, citizens need to know and read him/her. But it also adds that this R. Padmini,
mediation in rape cases, July 2). In Kanpur about. But they also need to should be in his/her best interests, Bengaluru
most rape cases, most go unreported understand the history and the in accordance with his/her evolving
as the survivor gives in to varying The ruling is a clear signal to all reasons behind the implementation capacities and under parental Helmet rule
pressures ranging from political judges that no attempt whatsoever of such acts. Such rights violations guidance; where the parent is not in During the last 40 years, I have
pinpricks, and financial deficiency should be made so as to resort to can be stopped only through a a position to act in his/her best personally managed at least 25,000
in fighting for the justice, to life conciliation and mediation between collaborative effort of the interest, the state is expected to step cases of head injuries, 90 per cent of
threats and even social stigma. the survivor/victim of any kind of government and civil society. in. which were the result of two-
When a brave survivor dares to sexual assault. One really wonders Dhruba Jyoti Borah, Children when asked what they wheeler accidents; 95 per cent of
report the case, what could have how in contemporary era where New Delhi, want to be when they grow up, often fatalities were in those not wearing
been more traumatising if her fight sexual violence is escalating with mention one of the following: helmets. There are also survivors
for justice turns into wedlock with each passing day, the courts of our I request Christine Mehta to look teacher, doctor, pilot, policeman, who have either a mild, moderate or
someone who shattered her country can even think of adopting into reasons why AFSPA is not in engineer, politician, artist, nurse, severe brain injury. They often have
personal liberty? such measures which are still being force in most parts of India, but only and so on. All but a couple of the a residual disability. In 1966, when I
Ippili Santhosh Kumar, employed by some khap/village in trouble spots like Jammu and careers they mention do need a full was in class 11, my elder brother died
Hyderabad panchayats. Kashmir and Northeast India. stint at school and some even in a two-wheeler accident. He was
Hemant Kumar, Porous borders and dangerous and further! Some children may indeed not wearing a helmet. In 1972, when
The conviction rate in our country is Ambala, Haryana troublesome neighbours are what choose mid-level, technical or semi- studying medicine, my eldest
low in cases of rape. For lack of make AFSPA relevant in these areas. skilled occupations. But I have brother met with a fatal road
evidence, the accused often gets Account on AFSPA It is quite natural that when the never heard any child choose accident. He too was not wearing a
away scot free. Added to it is the The requirement of AFSPA and its armed forces handle extremely occupations such as coolie, manual helmet. In 2007, I appeared before
prolonged time it takes for judicial alleged human rights violations volatile situations and hostile local labourer, domestic maid, etc. A the High Court of Madras W.P.
verdicts, further compounded by have long been a matter of deep populations, rights violations and childs ambitions may get changed No.19587 of 1999 in a PIL and
the police inaction in many a case. contention (How I was deported excessive security measures or tempered later, but if there is no produced unequivocal scientific
Mediation will only make a mockery from India, July 1). Yet, if we take a affecting personal liberty are bound lofty goal even at the beginning, how evidence that wearing a quality
of the system of justice. It is diplomatic view, the government of to occur. And to handle such will our children progress? helmet is the easiest way of
fortunate that the Supreme Court the day is entitled to take adequate situations, there are well-defined NGOs often involve children in significantly reducing mortality and
stepped in at the right time. measures to contain any evidence of mechanisms that the defence forces decisions on their own immediate morbidity. It is my sincere prayer
Sravana Ramachandran, anti-nationalism. From a follow. The article is an attempt, and and long-term futures. But is it that other States follow Tamil
Udhagamandalam humanitarian aspect, it is with media encouragement, to feasible for a government to rely on Nadus lead in enforcing the wear
unjustified as scores of innocent indulge in Modi-bashing. a referendum on this issue to base helmet rule (some editions, July 2).
The Supreme Court has saved the people are affected. As a reader of Satheesh Kumar R., its policy and laws on? It has to fall Prof. K. Ganapathy,
sacrosanct institute of marriage. this paper, I was overjoyed to read Mangaluru back on the three criteria Chennai
BG-MY
 www.jobsalerts.in
10 EDITORIAL
BENGALURU

THE HINDU SATURDAY, JULY 4, 2015

Tribal alienation in an unequal India

Mihir Shah
SATURDAY, JULY 4, 2015
The Boston Consulting Groups 15th annual
report, Winning the Growth Game: Global
Dreading Wealth 2015, has received extensive cov-
erage in the Indian media. The report comes
on top of the Global Wealth Databook 2014
the facts? from Credit Suisse, which provides a much
more accurate and comprehensive picture of
the trends in global inequality.
he deportation in November 2014 of young The Global Wealth Databook reveals some
ability has to be at the core of our devel-
Thanks to the caste system, India has always been opment strategy. This is because the poorest
an unequal society. What is even more worrying is regions of India are also the most eco-fragile.
If we truly want to build tribal incomes, we
that inequality appears to have deepened in need to offer them a range of sustainable
livelihoods, including non-pesticide man-
the past two decades aged agriculture, an imperative also for the
health of Indian consumers, as well as for
later. Meanwhile, millions of Indians do not
nd themselves a part of the growth story.
And there is growing resentment over this
list of both the top 20 per cent and bottom 20
per cent of Indias subdistricts. To give a few
examples, developed districts like Thane,
reducing the escalating nancial and ecolog-
ical costs of farming.
Huge income-generation and biodiversity
gaping inequality. With greater access to the
electronic media across the country, the dif-
ferences are glaringly visible for those at the
Vadodara, Ranchi, Visakhapatnam and Rai-
pur have some of the most backward subdis-
tricts. In Korba and Raigarh districts of
conservation possibilities also exist if we can
imaginatively utilise the vast unutilised po-
tential of the Non-Timber Forest Products
base of the development pyramid. Inequality Chhattisgarh, Valsad of Gujarat, Pashchimi market, which is estimated to run into sever-

T Christine Mehta who was researching human

rights for Amnesty International (India) in
Kashmir, raises some troubling questions
about the engagement of the worlds largest democracy
with research on human rights. The episode also raises
concerns about how the government treats Persons of
Indian Origin and Overseas Citizens of India who seek
to test Indias track record on human rights with
ground research. Government guidelines for visa-seek-
ers serve as useful indicators in showing how far a
government can go to protect its short-term interests.
Sadly, the guidelines are not very helpful when it comes
to dening what research is. The dictionary denes it as
systematic investigation into and study of materials
and sources in order to establish facts and reach new
conclusions. The catch-all word used in visa guidelines
refers to all kinds of research, without spelling out the
specics. What does one make of the rules, then? Do we
conclude from some recent actions of the government
that while the authorities are comfortable with medical
research, they are not so with research on human rights
or environmental issues considering the manner in
which some people have been deported of late? The
Central government has been sensitive enough in the
matter of sending fact-nding missions to the Valley.
Its unease with organisations researching the human
rights track record is also well-chronicled. Ms. Mehta
joins a list that includes lm-makers and journalists.
Do we therefore conclude that the government wants
no news other than what it endorses, especially from
States blighted by insurgency and the Maoist move-
ment, and where the presence of the armed forces is an
everyday reality? When India is on the information
highway, it will be tough to suppress things for too long.
India never tires of the sobriquet of the worlds
largest democracy, but the robustness of a democracy
is tested by its ability to take criticism. Unfortunately,
the government, whether it is the UPAs or the NDAs,
has displayed a prickly disposition when it comes to
issues of human rights, labour or environment. Gov-
ernmental transgressions have been critiqued at home.
Given the deep-rooted tradition of our democracy,
external criticism should also not be construed as being
inimical to India's interests. It was Amnesty that cam-
paigned for the freedom of some of the stalwarts of the
anti-Emergency movement who are now with the BJP.
It is the same organisation that continues to look into
the human rights track record of governments in Kash-
mir, Chhattisgarh and Manipur. And even more iron-
ical is that some of those who criticise Ms. Mehtas
deportation now were at the helm when an American
broadcaster was deported for allegedly overstepping in
Kashmir. India needs to re-set its tolerance levels, now.
The Vyapam
scam trail
he Vyapam scam in Madhya Pradesh dates
startling facts. The richest 1 per cent of Indi-
ans today own nearly half (49 per cent) of
Indias personal wealth. The rest of us 99 per
cent are left to share the remainder among
ourselves. And that too is very unequally
shared. The top 10 per cent Indians own
nearly three-quarters (74 per cent) of the
countrys personal wealth. The remaining 90
per cent share a meagre quarter. At the other
end of the spectrum, of the worlds poorest
20 per cent people, nearly one in four are
Indians. Just to show by contrast, Chinas
share is a mere 3 per cent.
One view of Indias inequality is that this
is nothing to be worried about. This is the
normal progression of economic develop-
ment. A set of expanding industries located
in an urban area induces further develop-
ment of economic activity throughout its
zone of inuence. For some years, this gen-
erates increasingly large differentials in in-
come and development, but after reaching a
maximum level, inequality begins to decline,
in the manner of an inverted U, what econo-
mists call the Kuznets Curve. In U.S Presi-
dent John F. Kennedys memorable phrase,
a rising tide lifts all boats.
A widening gap
Now, there is no doubt that poverty has
declined signicantly in recent times in In-
dia. But can we say the same about inequal-
ity? The Credit Suisse report gives an
unequivocal answer: No. Even nearly three
decades after economic reforms and high
growth, inequality continues to rise and
wealth has become even more concentrated
at the top. The share of Indias richest 10 per
cent families has grown from 66 per cent in
the year 2000 to 74 per cent today. Indias
super-rich (top 1 per cent) who owned 37 per
cent of Indias personal wealth in 2000, have
even more rapidly increased their share to
49 per cent. This kind of regressive change
surely has a link with the crony capitalism of
the last three decades. Hopefully the Indian
electorate, very exercised over corruption,
will place sufficient pressure on the ruling
classes for this to change sooner rather than
CARTOONSCAPE
in India operates on multiple axes of gen-
der, class, caste, region, religion and eth-
nicity. But perhaps the worst suffering is of
Indias tribal people, who suffer a double
whammy of both disadvantaged region and
Singhbhum and Purbi Singhbhum of Jhark-
hand, Kendujhar, Koraput and Mayurbhanj
of Odisha, the most industrialised subdis-
tricts are anked by the most underdevel-
oped subdistricts. And invariably these
al thousands of crores, of which only a mi-
nuscule fraction accrues to the tribal
communities. Of course, this requires care-
ful attention being paid to the rights of the
tribal people, as enshrined in the Forest
ethnicity. backward subdistricts are overwhelmingly Rights Act and a complete restructuring of
A paper in the Economic and Political tribal. Clearly, the tribal people have not their relationship with the Forest Depart-
Weekly, (Sanchita Bakshi et al: Regional been included in or given the opportunity to ment, historically seen by the tribal commu-
Disparities in India: A Moving Frontier, Ja- benet from development. nities as standing in an adversarial
nuary 3, 2015) reveals that if we want to get Inequality is important not only because relationship with them.
an accurate picture of regional inequalities, aof the acute perception of injustice it creates.
well-recognised element of Indias growth Even economists at the traditionally free- Participatory governance
experience, we have to look much deeper market fundamentalist International Mone- Much better state capacities in regions of
than just States or even districts. We need to tary Fund, Andrew G. Berg and Jonathan D. high poverty are also an urgent requirement.
go to the subdistrict or block level. And thereOstry, have recently argued that inequality For these regions suffer not just from ram-
pant market failure but also widespread gov-
ernment failure. A crucial reason why the
Faster growth for the MSME segment will generate a much poor are unable to take advantage of the
possibilities opened up by growth even with-
broader spread of employment and income earning in their districts is the absence of requisite
opportunities and is, therefore, more inclusive than growth health and education facilities. Globally, In-
dia spends among the lowest share of its
largely driven by extractive industries or the service sector. national income on public provision of
health and education. These are the sectors
we nd that an overwhelming share of the can also be destructive to growth by amplify- in most urgent need of government reform.
most backward subdistricts has a high con- ing the risk of crisis or making it difficult for We need to equip our most disadvantaged
centration of tribal population. the poor to invest in education. They con- people with the skills demanded by a rapidly
clude: reduced inequality and sustained changing economy. Programmes meant for
Indias forgotten people growth may thus be two sides of the same poverty elimination such as the Mahatma
Official data on all indicators of devel- coin. Gandhi National Rural Employment Guar-
opment reveal that Indias tribal people are antee Act do not work as they are meant to
the worst off in terms of income, health, Inclusive growth because the requisite human resources do
education, nutrition, infrastructure and gov- What then are the elements of a vision of not exist precisely where these programmes
ernance. They have also been unfortunately development much more inclusive and em- are most desperately required.
at the receiving end of the injustices of the powering of those left out? First, the overall A key feature of the changing economy is
development process itself. Around 40 per direction of growth needs to change. We growing market penetration. More than 80
cent of the 60 million people displaced fol- cannot continue with a pattern of jobless per cent of Indias cultivators are small and
lowing development projects in India are growth. It is clear that some models of marginal farmers and they are invariably
tribals, which is not a surprise given that 90 growth are inherently more inclusive than hapless victims of participation in the mar-
per cent of our coal and more than 50 per others, which is why our focus should be not ket economy. But this need not necessarily
cent of most minerals and dam sites are just on GDP growth itself, but on achieving a be so. Wherever farmers have come together
mainly in tribal regions. growth process that is as inclusive as pos- to form powerful institutions to buy and sell,
Indeed, contrary to what economic theory sible. For example, faster growth for the Mi- they have been able to compete on much
teaches, we nd that many developed dis- cro, Small and Medium Enterprises segment fairer terms in the market.
tricts paradoxically include pockets of in- will generate a much broader spread of em- Most of all, the excluded regions and peo-
tense backwardness. Bakshi et al show that ployment and income earning opportunities ple need better governance, which is much
many districts include the most backward and is, therefore, more inclusive than growth more participatory in nature, for only then
and most developed subdistricts of India; 92 largely driven by extractive industries or the will the slogan of cooperative federalism re-
districts have subdistricts that gure in the service sector. It is also clear that sustain- ally acquire concrete substance. Panchayati
raj institutions, including the gram sabha,
need to be empowered and activated for this
purpose. We need to learn to involve the
last citizens in decisions that affect their
lives, such as taking their consent while ac-
quiring land for an avowed public purpose.
There is nothing automatic about a de-
cline in inequality under capitalism. The
Kuznets Curve remains a mere fantasy if the
right programmes and policies are not in
place. Inequality did decline when the ap-
propriate policy framework was adopted in
Europe and America during the so-called
golden age of capitalism in the mid-20th
century. These were the decades that saw
the emergence of what economist, public
official and diplomat John Kenneth Gal-
braith termed countervailing power. And
it is the unravelling of this balancing power
and a shift towards free-market fundamen-
talism that led to the rise in inequality after
1980.
Indian policymakers must recognise the
urgent need to redene the very meaning of

T back to 2007, with investigations in the case

starting after some details came to light in
2013. Officers of the Madhya Pradesh Profes-
sional Examination Board (Vyavsayik Pareeksha Man-
reforms so as to make them pro-poor, rather
than merely pro-corporate. Without these
reforms, inequality in India will continue to
escalate and create dangerous tensions,
threatening the very survival of the delicate
dal, or Vyapam) were found to have been rigging a fabric of Indian democracy.
variety of eligibility tests for courses and recruitments (Mihir Shah is a grass-roots activist who
for close to six years, perhaps for an even longer period. has lived and worked in the tribal regions of
central India for the last 25 years.)
These included tests for medical entrance, and for those
aspiring for government employment as police con-
stables, teachers, banking officials and so on. Over
Rs.2,000 crore is believed to have been exchanged as
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

bribes. The State police have arrested some 2,000 peo-

ple, and are looking for about 700 more. Those allegedly
involved include politicians and bureaucrats across the
board, as well as the office of Governor Ram Naresh
Yadav. The scale of the scandal was shocking enough
but it largely escaped national attention until recent
reports brought to light a particularly disturbing set of
developments more than 40 of the accused persons or
witnesses in the case have died, according to media
reports. The State governments Special Investigation
Team recently admitted before the Madhya Pradesh
High Court that 23 of these were unnatural deaths.
Many of the dead were between the age of 25 and 30,
and road accidents were cited as the leading cause of
death. It all points to serious and persisting foul play.
The facts indicate signicant lapses on the part of the
State government. To begin with, the case is being
investigated by a special task force that answers directly
to Chief Minister Shivraj Singh Chouhan and it seems
to have no answers for the spate of suspicious deaths.
Worse still, State government officials have appeared
callous in their responses and have attempted to just
shrug off the matter. State Home Minister Babulal Gaur
attributed the deaths to natural causes, adding that
whoever is born has to die one day. Earlier this year,
Chief Minister Chouhan claimed in a letter to Congress
president Sonia Gandhi that the developments regard-
ing the Vyapam scam provided proof of his honesty as
he was the one who ordered a probe into it. That claim
no longer holds water. Mr. Chouhan, whose reputation
for good and clean governance has been damaged by the
scam, should now act proactively to recommend an
independent probe. Alternatively, the Central govern-
ment should step in and hand over the case to the
Central Bureau of Investigation, before someone en-
sures that is done by approaching the Supreme Court.
That would be hugely embarrassing for the BJP govern-
ment, which has already lost a lot of its moral sheen.
CM
YK
road map for investment, July 2). principles of this movement into dancing and prancing on the set,
Religious education At the same time, industry must rural schools and panchayats will and a mannequin-like guest who
and creatively do? Every comedian
cant be a Richard Pryor in all
Some elements in society appear to take care to erase the perception help in enabling the technological breaks into paroxysms of delight respects.
be imparting a communal angle to that there is only a prot motive advancement of the country. even before the lines are delivered Amritpal Singh,
the issue of full-time religious behind the venture. The new vision K. Dileep Vardhan Reddy, along with an overbearing and self- Amritsar
education (Maharashtra to brand will also be complete only if there is Chennai righteous anchor have all
students of madrassas equal commitment to boosting contributed to turning this show in Smart city plan
uneducated, July 3). The order other vital elds such as agriculture Restoring ties particular into a parody of cheap The Central governments move to
clearly states that it is not just and rural industries. The breakthrough in U.S.- thrills. One really craves for the build Smart Cities may be an
madrassas alone which will bear S. Nallasivan, Cubarelations is not just a win- sublime humour that was a part of attempt to give Indians a beautiful
the brunt but also Vedic and other Tirunelveli win deal for the two countries sitcoms of the past, where the city life, and it will not be out of
religious institutions. So the concerned. Across the globe, every comic talent of the actors was to the place to mention here that our
statement by leaders of some As we lost out in the global race in peace-loving nation has reasons to fore and the script and sequences population in the age group of 60
communities to say that this is a the industrial age, time has given us be hopeful (Editorial, July 3). U.S. were also rib-tickling. Alas, years and above is around 8 per
another opportunity to catch up
ploy by the government to enforce President Barack Obama genuine, wholesome humour is cent of the total population
Hindu teachings is unacceptable. with the world in the form of the highlighted the core of the pass on the idiot box. (Census 2011). In most households,
Although religious education is digital age. While pessimists may development when he said that one C.V. Aravind, it is found that family members are
sacrosanct, in todays changing dismiss this as a futile exercise, the does not have to be imprisoned by Bengaluru responsible for care of the elderly.
world it is imperative for an fact is that much can be achieved. the past, which only speaks In the U.S., one in every eight
individual to attain some sort of For example, with high speed volumes of his common sense-ical Popular comedy shows feed on the people is above the age of 65 years.
scientic knowledge and this is Internet connectivity, people from approach towards foreign policy. reproduction of commonsensical For such a population, there are
what seems to be the aim of the the rural areas can overcome Given the state of its relations with stereotypes that pervade Indian more than 36,000 assisted living
government. It is these leaders who multiple difficulties. The almost all its neighbours, India has society. By laughing at such facilities. Most States in the U.S.
the masses look up to for support government must also move lessons to learn from this content, the audience doesnt laugh have separate independent homes
and inspiration, who should now towards uploading vital public breakthrough. India too need not at anything else but itself. We seem for the elderly who usually live an
convince the people to adopt to the information on a digital platform. be imprisoned by the past. Also, to internalise and accept the independent and dignied life. My
changing needs of a new world A. Prabaharan, our differences with neighbours, portrayed stereotypes and biases point is that while developing
rather than encourage the creation Tiruchi unlike the U.S.-Cubastalemate, are and in turn reproduce scorn for smart cities, there is also a need to
of a communal divide. not based on any ideological issues, those at the lower ends of the develop ideal retirement homes. At
Agam Singh Bedi, The extensive distribution of thus making any effort at socially accepted hierarchy of class, this point, it is worth mentioning
Mohali, Punjab Internet facilities will undoubtedly rapprochement easier. caste, gender, race, physique. etc. the article, For a smart city with a
benet the urban areas. But in rural P.R.V. Raja, However, my fear is that if we start heart (June 13, 2015).
Catalyst for growth? areas, where a majority of the Pandalam, Kerala questioning all the jokes and In addition, there must be the
To achieve the proposed people are still illiterate, the content being shown on such concept of affordable houses, and
employment generation for lakhs government has to ensure that the Humour and society popular shows, then wont it mean where ownership of these houses
of youth, the various ministries at facilities provided by it reach One is hard put to fathom the the death of comedy? What would a will remain with the state. Also, as
the Centre and in the States should beneciaries such as the farmer. reasons for the success of shows comedian joke about, given the housing is becoming increasingly
eschew their old ways of This can be done with the help of like Comedy nights with Kapil things that make people laugh are unaffordable for the general
functioning, with the proverbial trainers/volunteers. Employing a which represent humour at its the ones that are usually stewed in population, the idea of housing
red tape, and move towards an era trained digital representative for worst and are nothing more than such stereotypical and units on rent must nd space in
of governance where right every village who in turn helps the inane, mindless and crass stuff that misogynistic attitudes? If we start these smart cities. Again, one can
decisions are made in right time rural people to reap these benets passes off as comedy (Its no demanding content devoid of all nd such a concept in the U.S.
(Top corporates back Digital will help in revolutionising this laughing matter, July 3). Cross- these hidden stereotypes, then Ajit Singh,
India and Companies outline movement. Moreover, imbibing the dressing men, zombie guests what would a comedian practically Noida
BG-MY
 www.jobsalerts.in
EDITORIAL
BENGALURU

8 THE HINDU MONDAY, JULY 6, 2015

Barack Obamas Indian summer?

into the future. The incredibly strong pri-
Given the constraints all U.S. Presidents operate vate-sector oriented capitalism of the U.S.
under, and given the additional burden exercises a strong restraint on what Presi-
dents can do in domains such as health care.
MONDAY, JULY 6, 2015
Sankaran Krishna Barack Obama carries because of his race, his Free trade pact
recent winning streak is both unusual and likely In a similar vein, the passage of the TPP is a

Right intent, In India, every now and often, there emerges

a passionate debate about the virtues of the temporary. It would be churlish to grudge him his success only for those who believe in the
alleged benets of free trade and expanded
Presidential system. Frustrated by coalition
moment of success markets. For American workers and corpora-

misplaced action governments, hung Parliaments and ineffec-

tive Prime Ministers, we look longingly to-
ward what we think of as a dynamic and
effective alternative. In our imagination,
he decision of the Bharatiya Janata Party-led
Presidents efforts to create the equivalent of
the North American Free Trade Agreement
in the form of the Trans-Pacic Partnership
burden back on the Federal government.
If these problems of implementation have
to do with the persistence of racism and
tions worried about the export of jobs and
loss of markets to areas with cheaper labour
and laxer regulations, the benets are du-
bious at best. More importantly, the legisla-

T
government in Maharashtra to derecognise
madrasas and institutions imparting vedic
education unless they are also offering formal
education including in subjects such as science, mathe-
matics and social sciences has, predictably, created a
controversy. More than a lakh of students most of
them studying in madrasas could be affected. The
decision to declare them out of school has drawn ak.
The suspicion among critics is that this decision is in
line with earlier moves by the State government that
were seen to have been taken with a communal bias,
such as the ban on beef. But looked at dispassionately,
this particular government action does not seem totally
without merit. It is clear that many madrasas often
the only resort for poor Muslims dependent on commu-
nity support require reform: education in these in-
stitutions needs to be modernised with the
introduction of curriculum related to subjects beyond
religious education. Less than 10 per cent of all Muslim
children study in madrasas, according to data released
by the HRD Ministry some years ago. In Maharashtra,
of 1,889 madrasas, about 559 teach courses in science,
mathematics and English, and depend on state support.
Religious teaching in many madrasas is found to be
largely sect-driven, where education on various inter-
pretations of Islam is imparted. Some of the sect-driven
madrasas, such as those affiliated to the Deoband
school, have refused to make changes to the curriculum.
But others have welcomed state and community sup-
port to reform and expand the scope of studies.
Theological education, while preparing Muslim chil-
dren to take up religious vocations, does not equip them
well enough to cope with the modern world, even if
there are some exceptions to the situation. This brings
out the need for madrasas to expand the gamut of their
teaching to other subjects that are taught in non-reli-
gious schools. There has been a long-term imperative in
education policy in India to standardise education to
conform to secular and modern values. State govern-
ments should work towards realising this need. It is
another matter whether the Maharashtra governments
decision to declare religious schools as ineligible for
funding is the right way to persuade them to modernise.
Instead, the government could have taken an approach
that is proactive and inclusive, allowing for more time
for madrasas that were already funded by the previous
Congress-Nationalist Congress Party-led government
to modernise and to involve the Ministry of Minority
Affairs to help with the process of reform.
A question
Presidents can choose their equivalent of our
cabinet of ministers from a pool of expert
candidates not beholden to the political par-
ty of the President, or even involved in
politics.
As any observer of American politics will
attest, the reality is quite otherwise. Ham-
strung by a Constitution that in the words
of one of my feisty professors in graduate
school separated the hell out of the pow- Clementa Pinckney showed his oratory, in-
ers, Presidents of the United States have had
to constantly battle the other two branches
of government the judiciary and the legis-
lative to get anything done, not to mention
working a system way more genuinely feder-
al than Indias still centralised polity. Recent
decades have seen a constant politics of gri-
dlock as the two main parties have found it
impossible to collaborate, and the Repub-
lican party, in particular, has moved ideolog-
ically so far to the right that bipartisanism is
very much the exception than the rule.
Far from the tyrannical majority the
founding fathers feared in constructing their
elaborate system of checks and balances, it
often seems that U.S. politics and Presi-
dents are continually stymied by intransi-
gent, but powerful, minority interests. This
has been particularly true during the second
term of recent Presidents, with neither Mr.
Bill Clinton nor Mr. George W. Bush being
able to accomplish much of anything as their
Presidencies ground towards the end steeped
in scandal in one instance and the quagmire
of war in the other.
Highlights of a legacy
With over a year remaining in his second
term, it seemed very likely that President
Barack Obama was headed for a very similar
fate. Yet, a fortuitous set of events in recent
weeks raises the possibility that he may yet
evade that ignominy. First, by a 6-3 vote the
Supreme Court struck down an important
challenge to the Affordable Care Act (ACA)
more commonly referred to as Obamacare by
its critics thus leaving in place a crucial
part of the Presidents legacy. Second, with
the support of Republicans (and despite the
desertion of a handful of Democrats), the
CARTOONSCAPE
(TPP) with Pacic Rim countries, and even-
tually with the European Union, survived
passage through Congress. Third, the United
States Supreme Court legalised same sex
marriage all across the nation. And nally,
amidst the tragedy of the church massacre in
Charleston, SC where the rst shots of the
Civil War were red over a 150 years ago The ACA essentially requires individuals to
Mr. Obamas eulogy for the slain pastor
providers but through subsidies provided
telligence and compassion to stunning effect.
Battle for health care
Passed in March 2010, the ACA came after
decades of failed efforts to establish a health-
care system that covered most of the pop-
ulation. In its brief tenure, the ACA has pro-
vided coverage to 16 million formerly
It often seems that U.S. politics and Presidents are
continually stymied by intransigent, but powerful, minority
interests. This has been particularly true during
the second term of recent U.S. Presidents
uninsured citizens with the latter dropping
from 52 million a few years ago to just over 35
million today. These numbers would have
been even more impressive had it not been
for another judgment by the Supreme Court
back in 2012. That judgment, on the one
hand, upheld the Constitutionality of the
ACA but, on the other, enabled individual
states to block its effective implementation.
As many as 22 states currently are cutting
their noses to spite their faces: they are will-
ing to forego billions of dollars in federal
funds funnelled through an expansion of
Medicaid to thwart the ACA. Many of them
were part of the slave-owning Confederacy
and they would, even today, forego federal
monies rather than see health care reach the
largely African-American underclass in their
own states; 36 states, 29 of them controlled
by Republicans, have refused to establish ex-
changes where their citizens can buy health
insurance through the ACA forcing that
mainly Republican intransigence, the larger
problems with the ACA owe to the way cap-
italism operates in the U.S. Unlike Western
Europe or Canada, with their public health-
care systems and universal coverage irre-
spective of means, the U.S. insists that every-
thing be mediated through the private sector.
outraged that a trade deal with the EU in-
purchase their health insurance from private
penalise Palestine.
by the government. Needless to say, the ACA
has received the support of the private health
insurance industry, whose stocks showed a
sharp uptick in the wake of the Supreme
Courts decision upholding these subsidies
recently.
These same insurance companies, inter-
ested as they are in their bottom lines, have
high deductibles, deny coverage on many
pretexts, and are likely to increase their pre-
miums whenever feasible. The ACA is better
than having no health insurance at all, but for
all too many poor people, that is not saying
very much. This insistence on providing nec-
essary and vital public or collective goods
through the private sector one can think of
school vouchers in this context often en-
sures outcomes are suboptimal for the con-
sumer even if they are very protable to
corporate America.
Yet, one can argue, as many have, that its
precisely this government subsidisation of
the health insurance providers that enabled
the ACA to be passed in the rst place, and
allowed Mr. Obama to succeed where a long
line of Presidents from Truman through Mr.
Clinton had failed. It possibly also accounts
for why it has been upheld by the Supreme
Court, why it evinces the support of corpo-
rate America, and why it is likely to survive
tion to pass the TPP (or specically its
eventual expansion to the European Union)
introduced a provision that restricted it to
companies that do not support BDS the
movement to Boycott, Divest and Sanction
companies and institutions that have any
truck with Israel. Some liberal groups are
cludes a provision that will benet Israel and
On rights
On the right to same-sex marriage, Mr.
Obama was denitely a latecomer, joining
that bandwagon in 2012 and even that only
after Vice-President Joe Biden forged ahead
on the issue. Though the White House was
bathed in the rainbow colours signifying gay
pride after the Supreme Courts judgment,
the reality is that nearly 2 out of 3 Americans
support the rights of gays to same-sex mar-
riage as do a majority of the states. For many
of the militant segments of the queer move-
ment, the victory represented the triumph
of effective lobbying by affluent profession-
als among gays to gain access to the same
benets and provisions as their straight
counterparts in (largely) corporate America.
In their view, securing the right to marriage
from the government inescapably under-
writes conformist and conservative institu-
tions such as government and marriage, and
it belies the radical and revolutionary reima-
gining of society that a genuinely queer per-
spective ought to entail. Yet, Mr. Obama will
undoubtedly get some credit as the Supreme
Court legalised the matter during his watch.
Which brings us to Mr. Obamas speech in
Charleston at Rev. Pinckneys funeral. With
its superb analysis and measured condemna-
tion of Americas legacy and present racism;
its careful delineation of the disproportion-
ate incarceration of African-Americans, the
punitive sentences and murderous police vi-
olence visited on them, and the more subtle
discriminations in hiring and economic op-
portunities in general; its exasperation with
Americas love affair with guns, and in its
celebration of the Christian spirit of grace
and forgiveness, the speech oscillated be-
tween an excoriating analysis of racism and a
careful avoidance of extremism. You can see
an extraordinarily intelligent and passionate
man rein in every semblance of anger, know-
ing that change in his country was going to be
slow, painfully and excruciatingly slow. Any
display of anger by a black President would
only prove to be counterproductive and ener-
gise the already inamed lunatic fringe
which is of course worryingly more than just
a fringe.
As one weighs Mr. Obamas accomplish-
ments in recent weeks and months, one has
to assess them against what is possible in a

of justice society where many states and their gover-

nors would rather deny their poor access to
health care if it means a lot of African-Amer-
he record settlement of $18.7 billion that the oil icans might benet; where every government

T
company BP has arrived at in the Deepwater
Horizon environmental disaster case in the
United States has naturally revived the debate
on the denial of justice to the victims of a far bigger
catastrophe the Bhopal gas leak. As industrial acci-
dents go, the blowout in BPs well in the Gulf of Mexico in
2010 was staggering, killing 11 people and spectacularly
devastating an already stressed marine ecosystem with
millions of barrels of oil. Five State governments and the
federal government of the U.S. have been vigorously
pursuing penalties and compensation claims with the
company, resulting in the settlement. Yet, the impact of
the oil spill pales in comparison with the magnitude of
what happened at the Union Carbide plant in Bhopal in
1984. The Narendra Modi government blandly told Par-
liament recently that the Office of the Welfare Commis-
sioner had recorded 22,151 casualties in the gas leak
under the death category, but after scrutiny of docu-
ments, medical records, affidavits and so on, only 5,474
deaths were acknowledged, while 6,809 claims were re-
jected and the rest were treated as cases of disability or
injury. Independent accounts, however, have main-
tained that there are medical professionals on record
who certied 10,000 deaths soon after the gas leak. What
contrasts the BP settlement with the Bhopal case is the
role of the state and its readiness to pursue justice for
citizens and remediation for the environment, with de-
monstrably errant commercial entities.
The egregious neglect in securing compensation for
the victims of Bhopal, who continue to suffer, is evident
from the fact that the original settlement of $470 million
for tens of thousands of people absolved the Union Car-
bide Corporation of all future liabilities. The Centre,
which adopted a paternalistic position on the issue and
assumed responsibility for all victims, now says Rs.1,548
crore (about $258 million) has been awarded as original
compensation in about half a million cases, a similar sum
as pro rata compensation, and ex-gratia payments of
about $100 million for medical treatment. On the
ground, some victims say they have received as little as
Rs.35,000. Medical facilities are grossly inadequate, and
the Centre has brazenly neglected a festering problem:
the site of the leak with some 350 tonnes of chemical
around has not been cleaned up. Under the U.S. settle-
ment, individual claims can still be pursued. Regardless
of whether it represents the best model to address indus-
trial accidents often caused by short-sighted cost-
cutting steps to boost prots the Deepwater Horizon
outcome has some pointers to advance the cause of
Bhopals long-suffering victims. Dow Chemical, which
assumed Union Carbide Corporation assets, reported
rising earnings last year and cannot evade its liabilities.
The Centre and the Supreme Court should ensure that
justice is done for the hapless families of Bhopal.
CM
YK
LETTERS TO THE EDITOR
UPSC results
Differently abled Ira Singhal,
deserves praise for becoming the
rst Indian woman with a
disability to scale the pinnacle of
glory (UPSC: women secure top
four ranks, July 5). Her story, of
grit and glory, proves that adversity
is no impediment for success and
that hard work always pays. What
is heartening is that she intends
going the extra mile in making
society more inclusive by doing
something for the benet of the
physically challenged. Also, that
women have done well to steal a
march over men by bagging four of
the top ve slots in this prestigious
examination is wonderful. Way to
go, ladies!
N.J. Ravi Chander,
Bengaluru
While the glass ceiling in the civil
services was broken a long time
ago, UPSC 2014 appears to be
different with the success of Ira
Singhal. One hopes that all these
toppers should now help usher in
changes in society and in the new
India.
C.K. Subramaniam,
Navi Mumbai
Vyapam scam
The Vyapam case seems like the
plot of a spicy novel, where people
associated with the probe are being
eliminated one after the other
(Vyapam mystery over
journalists death, July 5). In turn,
the media appears to be busy
initiative must redound to the benet of the
corporate sector if it has to stand any chance
of being passed by Congress or withstand
scrutiny in the courts; and where bipartisan-
ship is so uncommon. Given the constraints
all U.S. Presidents operate under, and given
the additional burden Mr. Obama carries be-
cause of his race, his recent winning streak is
both unusual and likely temporary. It would
be churlish to grudge him his moment of
success so long as one also remembers that
his every success is weighed down by the
limitations of the society he leads.
(Sankaran Krishna is professor of political
science at the University of Hawaii at
Manoa. E-mail: Krishna@hawaii.edu)
Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.
covering Lalitgate, and glossing tests for various courses and nd placement in government and alienation, an identity crisis,
over this scandal. The ugly reality recruitment drives by itself speaks other jobs speaks volumes about inferior health care and inadequate
in this case is that despite changes of a total absence of any semblance the employment situation in the education are almost always
in government, there appears to be of an efficacious vigilance State. overlooked in the planning
no hurry in initiating a CBI inquiry. machinery in the State of Madhya Praveen Rawat, process. Growing inequality is
D.S. Thukral, Pradesh. And this despite being Tehri Garhwal, Uttarakhand bound to foster the rise of naxalism
Ambala headed by a Chief Minister with a which in turn will challenge the
relatively cleaner image than the Israel, India & UN vote basic tenets of our democracy.
The Vyapam scandal and the rest of his counterparts. The India has missed a golden Prateek Shendre,
mystery that surrounds it, and, number of admitted unnatural opportunity to be a champion of Bidar, Karnataka
most importantly, Prime Minister deaths is extremely alarming. humanity (Netanyahu called up
Narendra Modis stony silence are Added to this are equally Modi on eve of vote, July 5 and U.K and investment
deeply eroding the credibility of insensitive statements by those in India keeps away from vote The obverse of Indias rise as the
the BJP-led government. People power. The scale, spread and the against Israel in U.N., July 4). third largest investor in Britain is
who wanted change and voted for depth of the scam will warrant What is happening in Gaza is the waning interest of Indian
the party are rapidly becoming nothing short of a Supreme Court genocide, where innocent people industrialists in India despite the
disillusioned with developments. monitored investigation. have been and are being killed with lure of a huge domestic market
The party appears to be equally S.K. Choudhury, impunity, and with the backing of (Trade is booming; will diplomacy
corrupt to the core. Bengaluru the West. It may be an open secret follow? July 3). This is something
Tharcius S. Fernando, that India depends on Israel for its to be pondered over seriously by
Chennai The BJP-led NDA government defence preparedness but that Indian policy makers, more so
came to power by weaving dreams does not mean that we should when there appears to be great
Where are the high decibel NGOs, of a glorious vision of the future. sacrice our self-esteem and shy emphasis on attracting foreign
where are the activists, and where However, nothing seems to be away from doing our duty towards direct investment into India to
are the constitutional provisions happening. After Lalitgate, the humanity. Indias decision is plain accelerate development and
for the safety of those who dare to Vyapam scam and the way it is shameful. employment creation. It must be
blow the whistle against the might being dealt with is greatly eroding T. Anand Raj, noted that the buzz and the new
of the corrupt? It is no secret why the credibility of the government. Chennai enthusiasm created in the wake of
the Madhya Pradesh government The more procrastination there is, Narendra Modi assuming power
is not receptive to a CBI inquiry the greater the damage done. But Unequal India have yet to translate into any
into the issue. If the Union there is an important message for Tribal communities have been positive changes on the ground
government wishes to resurrect its the ruling BJP to consider beyond facing hardships since the British that would make the country an
falling credibility and trust among the immediate scam. It concerns a era and are not new to attractive investment destination
the voters who brought it to power, key promise it made when it came marginalisation by the non-tribal not only for foreign industrialists
it must suo motu initiate such an to power: jobs. While reports community (Tribal alienation in but also for local enterprises. This
inquiry and without any further suggesting that many State an unequal India, July 4). This is also born out by reports of many
delay. representatives, including close alienation stems from a lack of new tech start-ups deciding to
Kapil Choudhary, associates of the political identity of tribals, which is centred move out of the country to
Ghaziabad, Uttar Pradesh leadership, willingly suborned all around the idea of opposition to destinations like Singapore,
principles to secure admission for them by the overwhelming force of nding the home environment less
That the details of Vyapam came to favoured candidates are bad the non-tribal world. As far as welcome.
light only after some years of enough, that scores of candidates tribals are concerned, their M.P. Muralidharan,
continuous rigging of eligibility were willing to pay premiums to problems, of displacement, land Bengaluru
BG-MY
 www.jobsalerts.in
10 EDITORIAL
BENGALURU

THE HINDU TUESDAY, JULY 7, 2015

For a rational education debate...

per, and so on. In propagating these aims,
If Maharashtra is trying to identify children who mathematics, science and social studies are
are not getting educated, as per RTE, it has to seen as necessary. However, if the madrasas
are teaching all the subjects mentioned ear-
Rohit Dhankar include those children who are not studying lier along with religious studies, the State
TUESDAY, JULY 7, 2015 has to consider children studying there as
the core subjects, be they in a madrasa, Vedic school going. But that does not seem to be

Rural Maharashtras recent decision to conduct a

survey of what it calls non-school going pathshala or any other religious or community the case. The government letter seems to be
dening non-school going as meaning only
children seems to have created a storm.
school those children who do not study one or other

realities Political parties are now up in arms calling it

an anti-minority move and Muslim leaders
in particular have declared their resolve to
ght the decision. Some intellectuals have
ew data for rural households revealed by the
NPE 86 states that the NSE will be based
on a national curricular framework which
pulsory Education Act, 2009 (RTE), has
some stipulations for curriculum and what
of these subjects. Another point to keep in
mind is that studying a subject here means
studying the government prescribed syllab-
us in that subject. For example, if the chil-

N
Socio Economic and Caste Census (SECC)
represent a grim reminder of the state of
rural India. In over 90 per cent of households,
the main earning member makes less than Rs. 10,000 a
month. Over half the households are landless and a
similar share of them rely on casual manual labour for
the larger part of their income. Just 20 per cent of
households own any kind of a motor vehicle. These
numbers should come as a reality check for those who
talk of Indias unbridled growth, and arrival on the
global stage as a superpower. The countryside remains
unable to nd jobs that can pull families out of poverty.
Agriculture remains at subsistence levels, with low
mechanisation, limited irrigation facilities and little ac-
cess to credit. Just over 3 per cent of rural households
have a family member who is a graduate, so skilled jobs
are going to be hard to get. Female-headed households,
and Scheduled Caste and Scheduled Tribe households
are the worst off. The eastern and central States of
Chhattisgarh, Madhya Pradesh and Odisha have the
poorest indicators. Even in the developed southern
States of Kerala and Tamil Nadu, family incomes are low
and dependence on casual manual labour is high. Mean-
while, early results from the urban SECC suggest that
levels of deprivation, while lower in cities, are still
shockingly high.
What the government chooses to do with the data is as
yet unclear. While commissioning the SECC, the UPA
government had spoken of creating exibility to enable
States to draw up their own combinations of indicators
to create tailor-made denitions of poverty. The Na-
rendra Modi government is yet to make its intentions
clear on the SECC, especially with regard to the thorny
issue of where to draw the line. Instead of a fresh round
of unseemly wrangling over precisely where to set In-
dias poverty line, the government would be well-ad-
vised to expand and universalise its social protection
schemes, and leave some space for States to innovate. It
would also be wise for the government to release caste-
wise information on socio-economic indicators collect-
ed by the SECC but not yet put in the public domain.
Those numbers would allow, for the rst time since 1931,
for the relative socio-economic status of various caste
groups to be compared while framing policies of affirma-
tive action. This government stands accused of sup-
pressing vital new information on the status of
malnutrition among children, contained in a survey
commissioned by the previous government through
UNICEF. It should not make a habit of suppressing
inconvenient data. The Indian public might hotly con-
test some of these numbers, particularly those relating
to caste, but even angry debates represent a democratic
right that must not be curtailed.
even called the step as insensitive and one
that will only raise the suspicions of the
minorities. In the midst of this, there are
claims being made that the education being
imparted in madrasas has helped (and is
helping) minority students pass even diffi-
cult tests such as the civil service exam-
inations. But the point is that this entire
debate is being conducted in an environ-
ment charged with emotion and irrelevant
facts. In general, these arguments, if allowed
to ourish, are likely to harm the cause of
education in the country.
What is the issue all about? News reports
of July 3-4 say that the Principal Secretary of
the Minority Affairs Department sent a let-
ter to the Principal Secretary, School Educa-
tion, saying that students in madrasas and
Vedic institutions which do not teach math-
ematics, social science, science and English
should be considered as non-school going.
National system of education
After Independence, India has struggled
to craft a National System of Education
(NSE). The D.S. Kothari Commission recom-
mended such a system and efforts to realise
this goal have been on ever since the Nation-
al Policy on Education 1968 or NPE 68 was in
force. NPE expresses a commitment to real-
ise this goal and every single national curri-
culum framework since 1975 has declared
that one of the important concerns of the
National Curriculum Framework is to real-
ise the NSE. NPE 1986 states: [T]he concept
of a National System of Education implies
that, up to a given level, all students, irre-
spective of caste, creed, location or sex, have
access to comparable quality of education.
This is the commitment to equal opportuni-
ty in education. In order to meet this com-
mitment, the NSE must be in a position to
compare standards across the country.
Important features
The country has been struggling to estab-
lish the 10+2 structure of education in all
States. Without a uniform structure, there
can be no idea of standards of achievement
that can be worked out for India. Without
setting such standards, a comparison of
quality cannot be established. Therefore, the
goals of equal opportunity for education be-
come vacuous. However, in regard to the
madrasa debate this is not the most impor-
tant issue.
CARTOONSCAPE
contains a common core along with other will be considered completion of elemen- dren study the history of Europe or Africa, or
components that are exible. Also, the tary education which should be legally Islam but do not study the history of India
common core will include the history of In- free and compulsory. and the freedom movement, they cannot be
dias freedom movement, the constitutional The RTE, in Section 29(1), stipulates: considered as completing the prescribed
obligations and other content essential to [T]he curriculum for elementary educa- curriculum.
nurture national identity. Further, this core tion shall be laid down by an academic au- Some news reports mention that Bihar
will be designed to promote values such as thority to be specied by the appropriate and Uttar Pradesh recognise madrasas as
Indias common cultural heritage, egalitar- Government, by notication. All the State schools, which is perfectly ne if the madra-
ianism, democracy and secularism, equality governments have already notied their own sas are teaching all the subjects prescribed
of the sexes, protection of the environment, State Council of Educational Research and by their State curricula. But if they are not
removal of social barriers, observance of the Training (SCERT) as the academic author- and are still recognised as schools, and the
small family norm and inculcation of the ity that will lay down the curriculum. Mah- children studying there are considered as
scientic temper. It is not optional and has arashtra also has a curriculum specied by school-going children completing their ele-
to be part of all State curricula and syllabi. its SCERT, which as per the RTE is its official mentary education, then these States are
Another feature of NSE that emerges out curriculum. guilty of dereliction of duty and are outing
of the commitment to this core is the com- the norms of NPE 86, NCF 2005 and RTE. I
mon scheme of studies. This scheme Studying a subject am not a lawyer, but I think that they are
though described in somewhat variant terms According to RTE, the State government is liable for legal action under RTE.
remains more or less the same as outlined duty bound to make provisions for every
in the National Curriculum for Elementary child to complete elementary education ac- Harm to national consensus
and Secondary EducationA framework or cording to the norms of the prescribed curri- The project of developing a national sys-
NCF 1988. The three subjects that remain culum. If the SCERT in Maharashtra has tem of education is at least a 100-year-old
common at the primary level in all States are mathematics, science, social studies and one, though it took concrete shape only after
Independence. The idea was debated by
leaders of the freedom movement by the
The debate over non-school going children will dismantle beginning of the 20th century. Sir Syed Ah-
mad Khan, Sri Aurobindo, Annie Besant,
hard-earned consensus in academic structure and curriculum, Madan Mohan Malaviya, and many others
saw the ills of the system of colonial educa-
thereby making equal opportunity impossible. tion and had their own ideals of national
education. But many began to recognise that
language (mother tongue/regional), mathe- three languages in its curriculum, then it these ideals of education could not become a
matics and environmental studies. At the becomes imperative for it to see to it that national system of education. In a system-
upper primary and lower secondary levels, every child studies all these subjects. Other- atic analysis, Lala Lajpat Rai rejected all the
the common subjects are three languages, wise, the condition of completion of ele- ideas mentioned earlier as being unworthy
usually regional, Hindi and English, and in mentary education cannot be met. of national education status as he felt it
the Hindi-speaking areas, Hindi, another In- Therefore, if the State government is trying would be sectarian. He recommended non-
dian language and English. There is also to identify children who are not getting edu- sectarian secular education in his book, The
mathematics, social studies which in- cated, as per RTE, it has to include those Problem of National Education in India,
cludes history, geography and civics or polit- children who are not studying all these sub- which was published in 1920. Tagore and
ical science and science. Art education, jects, be they in a madrasa, Vedic pathshala Gandhiji wanted a system of education with-
work experience and health and physical or any other religious or community school. out any sectarian element. The Zakir Hus-
education are also part of the curriculum at If there are madrasas which do not teach one sain Committee Report on Basic National
the upper primary and lower secondary lev- of these subjects, then the government can- Education articulated an ideal of citizenship
els. But there is variance in them across not consider as per RTE these children that was strongly democratic.
States. to be school going children; technically, it After Independence, the University Edu-
has to declare them as non-school going. It cation Commission 1950, the Secondary
Right to Education Act 2009 does not matter whether many of them go on Education Commission 1952, and the Edu-
What is important to note here is that to universities or crack civil service exam- cation Commission 1964 were all aware of
there is supposed to be a common core curri- inations or any other competitive exam- the need for a national system of education.
culum across the nation, and there is a high inations. The purpose of establishing a But education was a state subject in all its
degree of uniformity in the scheme of stud- national system of education is to not only aspects including structure, curriculum and
ies at the elementary level. These two as- prepare students for a livelihood and jobs, pedagogy. Therefore, the national system
pects emerged from a felt need for a NSE and but also to make all children aware of the was more of a cherished ideal than a reality.
articulated in the NPE 1986. national movement for freedom, nurture a Only after the 42nd Constitutional Amend-
The Right of Children to Free and Com- national identity, inculcate a scientic tem- ment in 1976 did it really become possible to
develop a national system of education. The
characteristics of the 10+2 structure of
school education mentioned earlier, a com-
mon core of the curriculum and a more or
less common scheme of studies emerged af-
ter that. It has taken a lot of hard work to
achieve this state. The work is still unn-
ished as we still do not have commonly ac-
cepted standards of achievement. Also, we

The threat of still do not have the 5+3+2 structure of the

rst 10 years of education as some States
have four years of primary education. But
because of the common core of the curricu-
Boko Haram lum and common scheme of studies we can
now think of common achievement
standards.
n an abrupt surge of violence, Boko Haram in- This kind of debate will dismantle that

I surgents killed around 200 people in Nigeria over

the past week. The group, which swore allegiance
to the Islamic State in March, targeted mosques,
a church and a restaurant, in much the same fashion
hard-earned consensus in structure and cur-
riculum, thereby making equal opportunity
impossible as there will be no criteria for
judging equality or the lack of it. In any case,
RTE is not being implemented with serious
Islamists linked to IS have attacked people elsewhere in commitment in the country. If attempts like
Africa and West Asia recently. The attacks have sent a identifying non-school going children, as
deadly message to both the Nigerian government and per its norms, are embroiled in unjustied
the rest of the world: that notwithstanding recent mil- controversies, political correctness will fur-
ther demotivate governments from imple-
itary setbacks Boko Haram remains capable of carrying menting whatever little is being attempted.
out large-scale strikes. From its beginnings in 2002 as a (Rohit Dhankar is Director, School of
peaceful Islamist movement, it has transformed itself Education, Azim Premji University,
into one of Africas deadliest terror machines. It has Bangalore, and Academic Advisor, Digantar,
killed more than 23,000 people, mostly civilians. Under Jaipur.)
Abubakar Shekau, it has targeted schools in the north-
east, branding western education and science as haram
(forbidden) for Muslims. In April 2014, from a school in
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

Chibok in Borno state, a Boko Haram stronghold, 276

female students were abducted, triggering a global out-
rage. Mr. Shekau threatened to sell them as slaves as
God had instructed him to do so. None of the young
women have been rescued as yet.
The Nigerian government for long ignored the prob-
lem that Boko Haram posed, as also the conditions that
aided its rise. Extreme poverty in the northeast, partic-
ularly in Borno, Adamawa and Yobe States, made the
region a fertile ground for insurgency. Nigerias porous
borders with Chad and Cameroon helped Mohammed
Yusuf, Boko Harams founder, gather weapons in the
early years of his rebellion. But it was his successor, Mr.
Shakeu, who transformed the group into Africas IS. A
failure to check Boko Haram played a part in the defeat
of Goodluck Jonathan, who in March 2015 became the
rst Nigerian president to lose a re-election bid. His
successor Muhammadu Buhari has promised to crush
the insurgency. Indeed, he has made some initial gains,
with the Nigerian army recapturing most of the territo-
ries from the militants this year. But the recent attacks
show that Nigeria is nowhere near defeating the jiha-
dists. The challenges before Mr. Buhari are huge. His
supporters say that as a dictator-turned-democrat he
has the strength to exercise command over the generals,
compared to a weak Mr. Jonathan. But the problem
relates not only to military action; it is also about
endemic corruption, poverty and religious extremism
in the north and northeast. Nigeria is the worlds 10th
largest oil producer and has the largest GDP for any
country in Africa. But over the years the countrys poor
have not enjoyed this wealth. Any comprehensive strat-
egy to counter Boko Haram should be supplemented by
a plan to address Nigerias structural problems.
CM
YK
of the BJP has fallen silent. The BJP, all other parties are based and such sectors, would he have called different in this regard in that it is
Vyapam scam dont care attitude is rather run on this formulation. While it good governance? There would household focussed. This can help
No doubt the sudden and disconcerting. such parties are the bane and be a few more questions: is this the government target the most
mysterious deaths of people S.N. Sarma, antithesis of our democracy, money being used where it is needy in its DBT schemes. Also,
associated with Vyapam are Bengaluru corruption eats into the vitals of intended to? How smart and SECChas included the homeless
alarming, but we must, as our society. effective has the implementation who are mainly casual labourers
dispassionate readers, allow for the BP settlement Without getting rid of these two been? and who have largely remained
possibility that some of them died Given the inaccuracy and despicable and hydra-headed evils, The writer doesnt explain what excluded from welfare measures.
the natural way (Medical college inefficiencyofthe compensation- good governance is practically he means by the dilution of rights The data on caste can also reveal
dean found dead, July 6). policyin India, cases such as impossible. In a democracy, the of industry workers. The reforms whether policies like reservation
Vyapam as such is the symbol of Bhopal must continue to be kept people get the government they have been largely tactful and will have really helped the most
the terminal rot in our systems of alive by the media (Editorial, July deserve; therefore, to elect good benet both workers and the downtrodden. The need of the hour
governance. The political 6). Governments, irrespective of leaders, our electorate must be industry owners. Finally, while the is to ensure thatSECCdata is not
implications of this scandal for the political affiliation, have time and reasonably educated and well- piece excels in establishing a tinted lost in casteist politics.
ruling BJP are obvious and its again failed to regard the great informed of the matters that have view of governance, it fails on one Ankit Garg,
claim of being a party with a lossoflife in the gas tragedy. It is bearing on the countrys well-being critical front solutions! New Delhi
difference is on the line. the same kind of attitude that is and their own welfare. Good Abhishek Kumar Jha,
J. Akshobhya, evident when one talks about riot- governance happens where the Bengaluru Obamas summer
Mysuru affected people. discerning power of the electorate While the writer has spelt out how
The second pointofstatistical is relatively high. SECC data private interests are intertwined
It was not very long ago that inadequacy is also to be pondered C.G. Kuriakose, India has always struggled to with those of government when it
prominent members of the BJP upon. The compensation is grossly Kothamangalam, Kerala dene who constitute the poor in comes to Affordable Care Act in the
proclaimed that the NDA incommensurate with the the country (SECC not irrelevant U.S. (Barack
governments biggest achievement enormityofthe tragedy. The It is evident from the title of the just yet, July 6). With so many ObamasIndiansummer? July 6),
was that there was not even a whiff citizensofIndia need article that the writer has asked a committees being formed, there his idea that U.S. States are
of a scam in one year of examplesofjusticein order to rhetorical question. He makes a has never really been an insight blocking the effective
governance. Such virtuous self- sustain their faith in both factual error when he says that into who the legitimate implementation of the Act in order
praise has now been squarely democracy and the bureaucracy. elimination of peoples consent is beneciaries of welfare schemes to keep African-Americans out of
eclipsed with reports of one major Abhinav Tripathi, being brought by the NDAs should be. Also, various official the health-care system is at best,
disparaging story every other day. Vadinar, Gujarat amendment. When it comes to estimates in India have tended to one-sided. It could simply be a
The Vyapam serial, and cutting public expenditure on underestimate the number of poor clash of political parties
unaccounted for, deaths remind Good governance health and education, he fails to when compared with estimates by Democrats vs Republicans. It was
me of 10 people assembled on an Rampant corruption and family- understand that governance is not international organisations like also egregious to read the
island and killed one after another oriented, and in particular person- just about announcing huge World Bank. TheSECCusing concluding lines of the article,
in a mysterious fashion, as centric, political parties are the allocations on the oor of various deprivation factors as which simply accuses the whole
portrayed by Agatha Christie in her stumbling blocks before good Parliament. On the contrary, indicators is quite innovative and American society to be racist. Is
absorbing novel, And Then There governance in the country (Why governance just starts there. Had free from controversy. With that actually the case?
Were None. everyone loves good governance, the government exceeded the decadal census focussing on Sweety Gupta,
It is odd that the top leadership July 6). Except the Left and the previous government's expenses in individual citizens,SECCis New Delhi
BG-BG
 www.jobsalerts.in
8 EDITORIAL
BENGALURU

THE HINDU WEDNESDAY, JULY 8, 2015

Understanding and countering IS

to his political ambitions. In the early 19th
A blend of military experience and jihadist century, he attacked the Shia city of Karbala,

Stanly Johny
WEDNESDAY, JULY 8, 2015
On June 29, 2014, Abu Bakr al-Baghdadi,
leader of the Islamic State of Iraq and Syria,
Guardians declared himself as the new caliph of the
worlds Muslims. In his first public appear-
ance, Baghdadi, standing on the balcony of
for good Mosuls Great Mosque, demanded the loyalty
of Muslims and urged them to obey him and
make jihad for the sake of Allah. It had
nder the Hindu Minority and Guardianship already been controlling huge swathes of ter-
ideological vigour is what makes IS the most
formidable terror machinery of our time. Needless
to say, the geopolitical situation in West Asia is
clearly in its favour
Syria branch, to fight Mr. Assads soldiers. In
an extremely complicated Syrian civil war
theatre, where multiple opposition forces, of-
ten backed by Mr. Assads regional rivals,
were fighting both the government troops
ent forms of worship within Islam, the roots
of IS lie in Wahhabism, a stricter, puritanical
stream. Wahhabism, which is derived from
the preaching of Muhammad Ibn Abd al-
Wahhab, an 18th century religious scholar,
in todays Iraq, and slaughtered thousands of
Shias. ISs approach towards Shias today is
not entirely different from the one adopted
by Ibn Muhammad. During the First World
War, when the Saudis started mobilising
power under another Abd al-Aziz, Wahha-
bism gained political relevance again. His
Bedouin army, known as the Ikhwan, was
infamous for its brutality and orthodoxy. It
used brute force in the war, routinely mas-
sacred apostates and often slit the throats
of male captives. This savagery actually
helped the al-Saud family to gain political

U Act, a childs natural guardian, both of per-

son and property, is first the father and then
the mother. The law thus buttressed the
patriarchal structure. With its recent judgment allow-
ing unwed mothers to apply for sole guardianship of
minor children, the Supreme Court has removed one
more brick from this edifice. In this case, an educated
and employed mother wanted to make her five-year-
old the nominee for investments. The paperwork stip-
ulated that she either provide the name of the father or
get a guardianship certificate. When she approached
the court, she was directed under Section 11 of the
Guardians and Wards Act, 1890 to disclose the name
and whereabouts of the father, and when she refused to
do so, her claim was rejected. The High Court upheld
the order, with the reasoning that a natural father
could have an interest in the child even if there is no
marriage. The Supreme Court bench headed by Justice
Vikramjit Sen has now given a seminal ruling that
recognises, first that the interests of the child are su-
preme, and it is therefore imperative to name the
mother as guardian; and second, that the woman has a
fundamental right on grounds of privacy to not disclose
the fathers identity. It notes that the mother has taken
responsibility for the child, with the father, a married
man, possibly even unaware of the existence of this son.
This ruling will have far-reaching implications for
women in India, who have fought long for equal rights
in the matter of guardianship. From school admission
and bank account opening forms to investment papers,
official documentation insists on the fathers name. In
1999, writer Githa Hariharan appealed to the Supreme
Court when she could not make an investment in her
sons name as his guardian because of the stipulation
that she include the fathers name, though the couple
was separated and Ms. Hariharan was the childs care-
taker. The court then declared that both parents must
be considered equally as natural guardians, and the
word after in the Hindu Minority and Guardianship
Act should not be construed as making the mothers
position secondary. However, most public and private
institutions still insist on the fathers name or signa-
ture on forms. In many countries, the law gives both
parents equal guardianship. The new ruling not only
gives single mothers a strong legal standing but also
protects the rights of children born out of wedlock. It is
of special significance to children born to sex workers.
It gives a fillip to single women who want to adopt.
Though the Guardianship Act names the mother first
as guardian in the case of an illegitimate child, unwed
mothers face harassment on all fronts. This judgment
will go a little further in safeguarding their rights.
ritories in eastern Syria and key cities in
north-western Iraq, including Fallujah, Mo-
sul and parts of Ramadi. The group was at war
with Iraq and Syria. Two months later, U.S.
President Barack Obama ordered air strikes
against the group which had by that time
renamed itself as Islamic State (IS) widen-
ing the front against the jihadists.
Still, over the past year, IS has steadily
extended its influence across West Asia and
North Africa. It now controls a territory the
size of Great Britain extending from the out-
skirts of Baghdad to the suburbs of Damascus
and comprising around six million people. It
has branches in Afghanistan, Lebanon, Nige-
ria and Saudi Arabia. Since the declaration of
the Caliphate, the group has attracted thou-
sands of jihadists from faraway countries
such as Australia, France and the United
Kingdom. The recent bombing of a Shia
mosque in Kuwait and the gun attack on tour-
ists in Tunisia, both claimed by IS, and which
killed at least 60 people, demonstrate the
groups capability to launch attacks even in
countries outside its sphere of influence.
The rise
What makes IS so powerful? There are no
simple, straightforward answers, as the group
derives its strength from a complex set of
factors that are deeply intertwined with the
regions politics, culture and ambitions. To
understand the rise of IS, one has to look into
the geopolitical conditions that made such a
rise possible and the tools the group is using
to expand its power.
Before the Syrian civil war broke out in
2011, Baghdadi was the leader of the Islamic
State of Iraq (ISI), the Iraqi branch of al-
Qaeda, which had been pushed to the brink of
collapse by U.S.-Iraqi forces as well as Sunni
tribal fighters. When anti-government pro-
tests in neighbouring Syria turned violent
and regional heavyweights took a strong posi-
tion against Syrian President Bashar al-As-
sad, Baghdadi found an opportunity for the
revival of his prospects. When the civil war
intensified, he sent Abu Muhammad al-Jou-
lani, one of his deputies in ISI, across the
border to Syria in late 2011.
Joulani set up the Nusra Front, al-Qaedas
CARTOONSCAPE
and each other, Joulanis group emerged as
the most formidable anti-government rebels.
Money and weapons pumped into the opposi-
tion camp by Mr. Assads enemies made the
Nusra Front even more ferocious. But Joula-
ni fell out with Baghdadi in 2013 after the
latter announced a formal merger of the Nus-
ra Front and his ISI. Both the Nusra Front
and the leadership of al-Qaeda central op-
posed the move, following which a bitter war
broke out between Baghdadis group, which
came to be known as the Islamic State of Iraq
and Syria (ISIS), and the Nusra Front. Power-
ed by fighters from Iraq and foreign coun-
tries, ISIS drove the Nusra Front out of the
territories it captured in Syria and establish-
ed the base for the future caliphate. Bagh-
dadis immediate goal was to carve out a
While the likes of the Muslim Brotherhood represent a refined
version of political Islam and is tolerant of different forms of
worship within Islam, the roots of IS lie in Wahhabism,
a stricter, puritanical stream.
sphere of influence straddling the Iraqi-Syr-
ian border. In Iraq, there is widespread dis-
content among the Sunni minority against
the Shia sectarian government in Baghdad.
ISIS channelised this discontent with the new
strength it earned from the Syrian battlefields
and launched an ambitious military campaign
against Iraqs army in the Sunni belt of the
country. The ease with which it defeated the
Iraqi army in Fallujah and Mosul must have
surprised even Baghdadi. With Mosul under
control, he went ahead to declare the Caliph-
ate, anointing himself as one of the key figures
in Islamic history.
The ideology
Though it can be identified as an Islamist
organisation, IS is different from the popular
political Islamic stream. While the likes of the
Muslim Brotherhood represent a refined ver-
sion of political Islam that accommodates
Western political institutions such as parlia-
mentary democracy and is tolerant of differ-
denounced as un-Islamic many of the popular
beliefs and practices prevalent among the
Arabs those days. Wahhab rejected Muslims
worshipping the dead or having any saints
and making pilgrimages to tombs or special
mosques. He asked his followers to return to
the fundamentals of Islam, condemned
practices of Shia, Sufi and other Muslims as
invalid interpretations of the religion, and
emphasised that his version of Islam alone
had validity. The modern-day Islamic State
uses Wahhabi ideals to explain its barbarism.
When it bombs a Shia mosque, its point is that
it is not Islamic. When it destroys a tomb or
an ancient statue, its argument is that such
properties do not have a place in its form of
Islam. Minorities are being targeted because
they are apostates.
Wahhabs interpretation actually stands in
contrast with several Koranic verses. [There
shall be no compulsion in (acceptance of) the
religion (2:256); If Allah had so willed, He
would have made you a single people, but (His
plan is) to test you in what He hath given you:
so strive as in a race in all virtues (5:48); Nor
will I be a worshipper of what you worship;
Nor will you be worshippers of what I wor-
ship; For you is your religion, and for me is my
religion. (109:1 to 6)]. But Wahhabism gained
prominence in Arabia after it became a tool to
expand political power.
Savagery with parallels
ISs obscene savagery has several parallels
in history. It was Muhammad Ibn Saud, a
tribal chieftain in central Arabia, who first
used Wahhabs ideas to mobilise sociopol-
itical power in 18th century. His son, Abd
al-Aziz Ibn Muhammad, used takfir (the prac-
tice of declaring a fellow Muslim to be kafir, or
unbeliever) as a weapon to silence resistance
power and eventually establish the kingdom
of Saudi Arabia. Abu Bakr al-Baghdadi is em-
ulating the Ikhwan when his men behead
hostages and prisoners and publicise such
acts.
The strategy
Brutality is a part of ISs strategy. It is a
method both to rule through fear the people it
seeks to control and scare its opponents in the
larger war it fights. Its conventional tactics
may be coming from the former Baath party
generals who reportedly joined hands with
Baghdadi in the post-Saddam Iraq. When the
Americans dissolved the Iraqi army, these
generals and their units, mostly Sunnis, sud-
denly fell from grace and became jobless. The
political rise of Shias in Baghdad only dee-
pened their alienation. It is in the Sunni IS
that these groups found a potential rival to
the Iraqi government, which they perceive as
a lackey of Shia Iran. These generals declared
loyalty to the Caliph, may be in the same
way they remained loyal to Saddam Husseins
dictatorship, and in return gained political
power in the Caliphate. It is this blend of
military experience and jihadist ideological
vigour that makes IS the most formidable
terror machinery of our time. Needless to say,
the geopolitical situation in West Asia is
clearly in its favour.
In the war, IS deploys both conventional
and non-conventional tactics. It uses the
humvees and advanced weapons it captured
from Iraqi and Syrian troops against the ene-
mies in direct battles. At the same time it
sends suicide jihadists to the countries that
are part of the international coalition to gain
asymmetric superiority. It launches both sur-
prise attacks, like the battle for Mosul, which
is a classical non-conventional tactic, and
well-prepared direct assaults like the battle
for Ramadi. It won in both cities.
Can IS be defeated?
IS has many enemies, ranging from the U.S.
to Albania. But in the battleground, it does
not face many formidable challenges. It is
worth noting that after losing Mosul in June
2014, the Iraqi army has not been able to
launch a convincing counter-offensive
against IS. The battle for Tikrit was driven by
Iran-backed Shia militias, but IS retaliated by
capturing Ramadi. The Syrian government
has effectively withdrawn from IS territories
and is now focussed on protecting the thin
Mediterranean and Alawite stretch it holds.
The international coalitions response
against the group is all about aerial bombing.
If aerial bombing alone could defeat terror-
ists, there wouldnt have been any Taliban
now in the Af-Pak region. More important,
millions of people live in IS-controlled terri-
tories. Massive air strikes risk killing civil-

Equivocation ians, which would help IS find more recruits

without coercion. The U.S. itself is in a strate-
gic dilemma as it backs the Iraqi government
fighting IS, but wants the Syrian regime fight-
on Palestine ing the same group to step down. The Kurdish
militias do well in the battle against Islamists,
but are designated as terrorists by Turkey and
ndias policy on Palestine has slowly changed over the U.S., thereby rejecting the possibility of

I time, from one of solidarity with the cause and a

distinct position in line with the non-aligned
movement, to the present state of equivocation
over Israels actions. This was exemplified in the recent
more collaboration. So, the question arises:
where is the strategy against the Islamic
State? And, without a cohesive strategy, how
are the world powers going to defeat a mon-
strous outfit with advanced weapons, large
vote of abstention in the UN Human Rights Council on territories under control and thousands of
the question of forwarding to the International Criminal soldiers unified by a fanatic ideology under
Court the Davis Report on Israeli war crimes committed command? The answer lies within. Mean-
last year. The reasoning provided by the Ministry of while, the Islamic State is here to stay, at least
for now.
External Affairs was that India, not being a signatory to stanly.johny@thehindu.co.in
the Rome Statute establishing the ICC, abstained be-
cause of the reference to the ICC in the resolution; there
is no change in Indias policy towards Palestine. This is
clearly a fig leaf of an argument as India had in 2012
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

voted in the UNHRC in favour of resolutions that con-
tained references to the ICC, on Syria, for example. Last
year India voted for a UNHRC resolution seeking an
inquiry into Israels strikes on Gaza, and earlier this year
for resolutions that spoke against Israeli settlements in
occupied Palestine and for Palestinian self-determina-
tion. The sudden change in stance must therefore be
attributed to a conversation between Prime Minister
Benjamin Netanyahu and Prime Minister Narendra Mo-
di. Israeli media have revealed that Tel Aviv lobbied hard
among various member-nations of the UNHRC to ab-
stain: only Kenya, Ethiopia, Paraguay and Macedonia
did so apart from India. Very few countries including
Israels staunch ally, the U.S., have voted in its favour or
abstained on resolutions on the occupation of Palestine,
the Gaza blockade, human rights violations and illegal
attacks on the Palestinian people. Indias stance in the
UNHRC must count as a decisive shift from its time-
honoured and well-established position on Palestine
notwithstanding the External Affairs Ministrys claims.
The real reason for this shift must be the burgeoning
strategic relations between the two countries. India is
reported to have become the largest buyer of Israeli
defence exports. And military cooperation between the
two has expanded since the NDA came to power. Such
cooperation had existed during the earlier regimes, but
India had consistently sought to maintain its position on
the Palestine issue, which was in line with that of nearly
every country in the world, considering the brazen ways
of Israel with respect to Palestine. This is not just a
moral imperative. Israel has consistently flouted in-
ternational law in its actions in the Gaza strip and in its
persistence of policies such as that on settlements in the
West Bank. This equivocation does not behove well for
Indias stature as a nation committed to a just interna-
tional order. And it betrays the Palestinian cause. Nar-
row instrumentalities cannot determine foreign policy.
CM
YK
Court on guardianship
There is sound logic and complete
justification in the Supreme Courts
ruling that an unwed mother can be
the sole guardian of her child (July
7). In the case in which this verdict
was given by the top court, it is quite
obvious that the appellant, ABC,
had been misled. In such cases, it
would be absurd to seek the prior
consent of the absentee father in
obtaining guardianship. Now,
unwed mothers can heave a sigh of
relief.
K.D. Viswanaathan,
Coimbatore
If we look at landmark judgments of
the Supreme Court, we find that
these are the cases where common
sense, a modern outlook and the
supremacy of perennial and
superior principles like equality and
fundamental rights have been
asserted brushing aside the strict
letter-of-the-law and technical
positions. In this case, the
privileging of the individuals right
to choose the general civil law
provision against that of religious
personal law (when the father is no
where in the picture in caring for the
child or the mother), accords with
common sense, and where the
reality of todays single mothers
capably raising their children
without paternal participation is
recognised. The judicial call to
legislate a uniform civil code in
compliance with the directive
principle of the Constitution must
be heeded to by the government and
antagonise a country with which we
will be a great step forward in
furthering womens rights and intend to scale up our level of
emancipation. military dependence. The reason
A.N. Lakshmanan, given by Ministry of External Affairs
Bengaluru that India is not a signatory of the
Rome Statute is a first-take answer
The verdict upholds the and a very lame excuse. Although
authoritative sanctity of the ruling dispensations in India in
motherhood, femininity and 2012 and 2015 are now different, our
individual dignity and is a signal to attempts at becoming a member of
all parties concerned how vigilant the P5 have been on for more than
the constitutional watchdog is in five years. P5 members are supposed
safeguarding even the minutest of to take a principled stand in
feminist interests and human rights. important matters not that the
Recognition of the status of an existing P5 nations have always
unwed mother understandably an done so so how can India hope to
unsupported and stigmatised be taken seriously in its P5 bid?
individual who simultaneously Ritvik Chaturvedi,
fights social taboos and challenging New Delhi
constraints not only validates her
status quo but attests to her I find it amusing that a writer of
individuality as a person in her own eminence and repute has chosen to
right. It is in endorsing the be so naive as to ignore the
marginalised and the desolate that geopolitical realities (Is India
the Supreme Court credits itself as bending towards Israel? July 7). It
being the unflinching agent of is common knowledge that there is
democracy and public goodwill. no free lunch in international
Anand K., diplomacy. Going by this yardstick,
Kozhikode what is the mileage India has gained
over the last so many decades of
Indias abstention blindly supporting Palestine and
It is not surprising that the other hotspots of instability in the
Palestinian Ambassador to India name of the dubious Non-
has registered his shock at Indias alignment? India has only
decision to abstain from the jeopardised its own interests. The
UNHRC vote (July 7). The choice of beneficiaries of Indian benevolence
countries that Prime Minister have never reciprocated the gesture.
Narendra Modi visits is driven On the contrary, these beneficiary
purely by economic concerns. But nations have ganged up with our
this neglect of propriety went too far adversary in raking up the Kashmir
when New Delhi turned a blind eye issue in UN bodies. The result is
towards Israels war crimes merely there for all to see. Kashmir
because we did not want to continues to be our Achilles heel.
Now is the time to play hard,
strategic games. No country is
similarly placed like India, with the
exception of Israel. Like India,
Israel too is threatened by Islamic
terror. But the difference between
India and Israel is that while India
meekly surrenders to the whims and
fancies of terror groups ably
patronised by an adversary across
the border, Israel reacts with vigour.
But for this alacrity, Israel would
have long disappeared from the
world map. India has fooled itself
into believing that supporting the
Arab nations pitted against Israel
will on the one hand enhance its
stature on the world stage and
safeguard its captive Muslim vote
banks back home on the other. In
the process, national interests have
been given a neat burial. Enough is
enough and let us put an end to
scoring a self goal.
S. Sundar Rajan,
Nagercoil
Education debate
The Maharashtra governments
decision is a pragmatic one (For a
rational education debate, July
7). To think that studying modern
sciences and the English language is
inimical to the very ethos of Islam is
nothing but blatant
misinterpretation of Koranic
injunctions. Why should madrasa
students be deprived of the joys of
learning mathematics, computer
skills and social sciences? Education
should be a liberating experience
and not a stultifying one. In most
madrasas, it could be said that the
curriculum is rather unbalanced.
The methods of teaching and on rote
learning do not offer a very
stimulating experience. It has been
shown that bilingualism and
multilingualism enrich the learning
experience.
Rafia Kazim,
Hyderabad
It should be made abundantly clear
to all that the national identity must
be above a religious identity.
National fervour, patriotism, a
oneness and values of secularism
should remain strongly embedded
in our educational system. All
efforts should be directed towards
this goal without succumbing to any
narrow outlook and parochialism.
R. Ramanathan,
Coimbatore
While Maharashtra may be making
an effort in standardising education,
a much needed reform, correct
interpretation and implementation
of RTE must be done by the other
State governments as well. There
were times when a religious
education was considered
supreme, but times have changed.
Religious sects should understand
that their students need to be able to
shine in the midst of the
competition of the current and
demanding education scene. When
nonsectarian secular education
could be recommended in 1920, why
cant it still be implemented in 21st
century modern India?
Rohit Garcha
Mohali, Punjab
BG-MY
 www.jobsalerts.in
8 EDITORIAL
BENGALURU

THE HINDU THURSDAY, JULY 9, 2015

Subverting a progressive law

THURSDAY, JULY 9, 2015
The government, according to an exclusive
report in this daily titled Govt. looking for
The tentacles common ground to break impasse over Land
Bill, July 5, 2015, has expressed concern over
the impasse that has hit the proceedings of
of Vyapam the Joint Parliamentary Committee (JPC) on
the Right to Fair Compensation and Trans-
parency in Land Acquisition, Rehabilitation
he Vyapam scam in Madhya Pradesh can no and Resettlement (Amendment) Bill, 2015.
provided effective safeguards against such
The arms of the state have been chipping away at malpractices. Any dilution of SIA will reopen
the Land Acquisition, Rehabiliation and the door for abuse of the law. Actually, there is
much more to the issue than meets the eye.
Resettlement Act since its enactment in 2013. Any meaningful attempt at rehabilitation
and resettlement requires documentation of
Hopefully, Parliament will see the Bill and the people affected by the project and the effects
of acquisition on their lives and livelihood.
middle ground the government is now attempting
for what they really are
This exercise is carried out as a part of the
SIA. Any dilution of the SIA will reduce reha-
bilitation and resettlement to a mere charade.
Bill puts a check on the past abuses of the law for exemptions even after compensation was
or will facilitate them further, even if it is awarded on April 24, 2009. The saga contin-
Specifically, a separation of the land acquisi-
tion decision from rehabilitation and reset-
tlement would render the latter a de-jure
amended to incorporate the middle ground. ued for three years. Eventually, only 304 right with no bite de facto, as was the case

T longer be considered just another corruption

scandal of the conventional sort. It appears to
be unique in combining the average fraudsters
ability to manipulate systems, with the reach and ruth-
lessness of an organised mafia-like group that can elim-
inate inconvenient suspects and witnesses. From being
a set of inter-linked corruption cases involving the ma-
nipulation of tests for admission to professional courses
and government recruitments, the scandal has emerged
as a hydra-headed monster consuming over 40 lives so
far. New questions stem from the unexplained deaths,
including that of a television journalist who collapsed
mysteriously shortly after interviewing the parents of a
medical student who had been found dead on a railway
track three years ago. The State government has ad-
mitted that nearly two dozen of those who were within
the ambit of the probe had died unnatural deaths, and
that many of them were between 25 and 30, with road
accident being cited as the leading cause of death. An
elaborate conspiracy to subvert the investigation and
trial can be the only credible explanation for the string of
deaths. The magnitude of the cover-up appears to have
overshadowed the extent of the original scandal.
Chief Minister Shivraj Singh Chouhans move to ap-
proach the High Court to seek to hand over the probe to
the Central Bureau of Investigation is but a bid to pre-
empt a potentially damaging order from the Supreme
Court to that effect. Mr. Chouhan seems to have recog-
nised that he needs to do something to shore up the
credibility of his administration. Governor Ram Naresh
Yadav himself being named in one of the FIRs should
have jolted the State government into serious action.
Within weeks, the Governors son, Shailesh Yadav, who
was named by a witness as the recipient of some cash
and a list of candidates, was dead. The Union govern-
ments silence on the Governors continuance in office is
intriguing indeed. The death of Akshay Singh, the TV
journalist, and new evidence that the police ignored an
autopsy report that stated that Namrata Damor, a med-
ical student and alleged beneficiary, died of strangula-
tion, are further pointers to the fact that the
investigation under the State government is vulnerable
to interference, subversion and manipulation. Nearly
2,000 people have been booked and the kingpins and
their accomplices arrested. What is needed now is an
independent and comprehensive investigation into the
cover-up and the wider conspiracy, if any, behind the
series of deaths. It has to be determined whether these
were engineered to protect someone. Such a probe will
have to be done under the Supreme Courts vigilant eye.
This outrageous chapter has to come to an end.
The legislation under consideration aims to
amend the Act with the same title and pop-
ularly known as the LARR 2013.
The committee members, of the ruling par-
ty and the Opposition, are divided on three
issues: the consent clause, the social impact
assessment (SIA), and food security. Several
organisations of farmers and agricultural
workers, including those belonging to the
Sangh Parivar, have already condemned the
provisions in the Bill pertaining to these
issues.
LARR Act 2013 requires prior consent of 80
per cent of the owners for land acquisition for
private projects; in the case of public private
partnerships (PPP), the figure is 70 per cent.
Besides this, it mandates SIA to assess the
costs and benefits of the project, and, there-
fore, whether land acquisition is in public
interest or not. Moreover, the Act restricts
the acquisition of irrigated and multi-crop
land. In contrast, the Bill proposes to scrap
these provisions for defence projects and
those belonging to vaguely-defined categories
like affordable housing, industrial corridors,
and infrastructure including special econom-
ic zones, PPPs and urban development
projects.
A middle ground
The JPC stalemate and a growing anti-
farmer image have forced the government to
offer a middle ground. Reportedly, it plans
to create a new category of projects called
essential infrastructure that will be ex-
empted from the consent clause. The remain-
ing projects would require the consent of only
51 per cent of owners. Moreover, the govern-
ment has agreed to restore a diluted form of
SIA that will separate the land acquisition
decision from the rehabilitation and resettle-
ment of the people affected by the projects.
We present the findings of a comprehen-
sive fieldwork on the subject, including a fac-
tual account of how the nexus of companies
and decision-makers has been exploiting hap-
less farmers under the guise of development
projects. The aim is to examine whether the
CARTOONSCAPE
Using agricultural land
acres were acquired. Even after six years,
most of the acquired land is lying unused. It
The case in point is an actual urban devel- seems the UDA did not really need such a lot
opment project in the National Capital Re- of land.
gion (NCR). In 2004, the State government Anyway, out of 638.74 acres that were to be
with compensation under the Land Acquisi-
tion Act 1894. The colonial law entitled the
owner to fair compensation but separated
its payment from the decision to acquire land.
The consequence was that people never got
concerned announced the master plan 2011. acquired as per the first notification, more their due.
This included new sectors drawn over hither- than 50 per cent (334.74 acres) ended up with
to agricultural land. Sensing an opportunity real estate companies who made a hefty Diluting consent clause
to make easy money, various builders started profit. The prior consent clause in LARR Act is
approaching farmers. The latter showed no Unsurprisingly, the farmers made to sell another sore point for the corporate sector.
willingness to sell their multi-crop land. their land under duress felt short-changed. The truth is that companies are finding it
However, the builders had many tricks up However, the plight of farmers whose land difficult to let go of the benefits of the largesse
their sleeve and the authorities played along. was acquired was worse. The official compen- they habitually enjoyed under the colonial
On May 1, 2006, the Urban Development sation was Rs.16 lakh per acre. After protract- law. Otherwise, there is no justification for
Authority (UDA) concerned issued a noti- ed protests and litigation, these farmers have diluting the consent clause and creating cate-
fication under Section 4 of the LAA, 1894, to ended up getting just Rs.42 lakh per acre for gories like essential infrastructure to per-
announce acquisition of 638.74 acres of land land that commands a market price upward of mit land acquisition for private entities.
from five villages in the area. The notification Rs.10.5 crore per acre. The latest auction of a Generally, private projects are small-sized for
which land can be bought directly from the
owners. Also, unlike linear projects, they have
Public private partnerships are being used as a tool to get locational flexibility. Furthermore, parts of
land for projects disguised as infrastructure. Forceful most products can be produced at different
locations and assembled later a practice
acquisition cannot be justified for such partnerships, even if followed by many foreign manufacturing
firms, be they of watches, mobile phones, cars
the government retains the ownership right over the land. or buses. But, Indian companies want to carry
out all their activities at one place, be it Singur
created panic among some farmers and they part of the acquired land was settled at Rs.22 or Sanand.
feared the low compensation under the colo- crore per acre! Also, public private partnerships are being
nial law. Ignorant of the ploy, many farmers We have hard evidence to back these as- used as a tool to get land for real-estate pro-
gave away their land to developers at throwa- sertions. However, we chose not to name the jects disguised as infrastructure. Forceful ac-
way prices. So, a substantial part of the un- UDA as our objective is to contribute to the quisition cannot be justified for such
der-acquisition area ended up with the debate and not to point fingers at any partic- partnerships, even if the government retains
developers. ular State or political party. the ownership right over the land. These facts
Once they got hold of the land, the devel- notwithstanding, companies and their sym-
opers managed not only to get it exempted Abusing land law pathisers in the government have blamed the
from the scope of this notification but also Moreover, we have come across several in- project delays on SIA and the prior consent
obtained the change in land use licences to stances in the NCR and elsewhere where the clause in the LARR. Our study shows that the
undertake housing and other real estate State governments of different political par- real cause is something else.
projects. ties have engaged in instances of blatant
The UDA kept on releasing land in pockets. abuse of the land law like issuing initial Acquisition without checks
On April 30, 2007, the authority issued the notification for an excessive amount of land, Of the 256 projects examined by us, the
second notification for acquisition of 392 subsequent denotification of land belonging land was acquired under the LAA 1894 with-
acres only. By this time, a total of 246.51 acres to powerful companies and individuals, and out any scrutiny or hindrance. SIA and reha-
got exempted. As if this was not enough, an- acquisition of multi-crop land even when in- bilitation and resettlement were simply out
other 88.76 acres were exempted after the fertile land is available. of the question. Yet, in an overwhelming
second notification! By mandating an SIA of the project and its number of cases, the government agencies
Still dissatisfied, developers kept on asking review by the affected people, LARR 2013 had took 1,000 days or more just to make out
compensation awards.
At times, the authorities deliberately de-
layed the acquisition, as was the case with the
NCR project. Yet, rather than fix its own in-
firmities, the government has preferred to
make a scapegoat of the pro-farmer features
of the 2013 Act.
The arms of the state have been chipping
away at the Act since its enactment in 2013.
The issue of compensation is another case in
point. The Act has increased compensation
from 1.3 times to two to four times. The in-
crease was necessary, since due to well-
known reasons, the officially determined
market rate is a fraction of the actual land

To be a bridge, price. A study of more than 1,600 Punjab and

Haryana High Court judgments (by the first
writer) reveals that even at four times, the

not fault line compensation falls short of the actual market

value. Nonetheless, several States including
Haryana and Madhya Pradesh have pegged
compensation at the lower end of the permis-
he Russian town of Ufa, where Prime Minister sible limits, i.e., two times the official rates.

T Narendra Modi is attending the BRICS and

Shanghai Cooperation Organisation (SCO)
summits, is suddenly the most important city.
President Hassan Rouhani will spend the week here
Not satisfied with these attempts at weak-
ening of the law, the Centre has decided to
launch a full frontal attack. Hopefully, Parlia-
ment will see the Bill and the middle ground
for what they really are.
even as the nuclear talks between the P5+1 and Iran (Ram Singh and Deepa A. Panwar are,
have reached a critical point. President Xi Jinping will respectively, Professor of Economics at the
be there discussing the $100 billion BRICS-New Devel- Delhi School of Economics, and a faculty
opment Bank in a week the Chinese stock market has member at Symbiosis Law School, Noida. The
dropped 30 per cent of its value. President Ashraf Ghani views expressed are personal.)
will be there, soon after talks between the Taliban and
the Afghan government in Pakistan, with Chinese and
U.S. observers present. And Mr. Modi and Prime Minis-
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

ter Nawaz Sharif will have a bilateral meeting after

more than a year. Each of Mr. Modis meetings will be
important, but none perhaps more important than the
reason he is attending the SCO: to begin the process of
Indias admission into it.
Indias membership of the SCO is significant. To
begin with, it opens up trade, energy and transit routes
between Russia and China that pass through Central
Asia, that were hitherto closed to India. Irans observer
status will ensure the SCO serves as a platform for India
to discuss trade through the Iranian ports of Bandar
Abbas and Chabahar, and link them to the Russian
proposal for a North-South Transport Corridor. This
circumvents Indias situation of being hemmed in ow-
ing to lack of access to markets through Pakistan. While
the SCO charter disallows bilateral issues being taken
up, the security grouping provides a platform for India
and Pakistan to discuss them, as it will when Mr. Modi
and Mr. Sharif meet. With Russia and China taking the
lead, the SCO could even prove a guarantor for projects
such as the TAPI (Turkmenistan-Afghanistan-Pakis-
tan-India) and IPI (Iran-Pakistan-India) pipelines that
India has held off on security concerns. The SCO sum-
mit will provide a valuable interface to engage with
Afghanistans neighbours at a time when so much is
changing in its security outlook, between the interna-
tional troop pullout and talks with the Taliban. Finally,
the SCO is an important counter-balance to Indias
perceived tilt towards the U.S. and its allies on security
issues. In a politically polarised world, with the U.S. and
Europe pitted against Russia and China and where all
the powers are economically interlinked, Indias best
hope to emerge a leader lies in its ability to bridge the
two. Speaking at the Nazarbayev University in Astana,
Mr. Modi said Central Asias importance faded because
it became a new fault-line between great empires to
the east, west and south. In that sense, Indias emer-
gence now depends on striving to be a bridge, not a
fault-line, in full balance with the great powers globally.
CM
YK
tackled, it will take care of from there. Interventions, neatly hospital system, July 7). The
BRICS bank malnutrition and health issues. executed in the name of defeating
Asia and West Asia, a claim for
permanent membership of the UN public money spent, not a
That the writer wants the New Identifying young and brilliant and exterminating global Security Council becomes that thimbleful by any account, should
Development Bank to end poverty, minds with a steady focus on the terrorism, are only to serve their much stronger. not be exclusively for their
unemployment and carbon goals must be the next step. selfish domestic interests. The Akshay Viswanathan, employees. Those who worked
emissions by garnering the talents Balasubramaniam Pavani, price that is being paid in return for Thiruvananthapuram inside the system should also be
of youth to do social business and Secunderabad all such uncalled for interventions aware of the corruption and
by relying upon technological is in the form of a brutal retaliation. Stand on Palestine nepotism prevalent in the medical
innovations seems to be an Understanding IS N. Visveswaran, Indias new direction towards department, which is a throwback
impossible task in the short term The advent of any dangerous Chennai Israel can be perceived to be to the days of the old British
(A new bank for a new era, July movement is the result of sudden but it is certainly not railway companies and when the
8). The prime aim of the NDB is to opportunistic, ill-conceived Central Asian visit uncalled for, unfortunate, or huge organisation was built up for
fund infrastructure projects which support by a group, party or nation. Prime Minister Narendra Modis unexpected (Editoral, July 8). their benefit. Ultimately, it does
are indispensable for developing Now we have the menacing, visit to the Central Asian region is Rather, recent developments, not mean that the organisation
countries not only to woo monstrous IS carrying out death long overdue especially as India externally and internally, are what should be wound up. The medical
investment and businesses but also and destruction in the most shares cultural and historical ties have shaped the move. First, West institutions should be separated
to generate a plethora of gruesome manner and posing a here that date back centuries Asia is undergoing turmoil, and from the railways and brought
employment opportunities danger to the whole of humanity (Putting out the West Asian fire, hence cannot present a united face under another autonomous
thereby reducing the vicious circle (Understanding and countering July 8). One of the common to chide India. Second, the U.S. is organisation, throwing open all
of poverty. The bank, though novel IS, July 8). The tenets of all denominators that India shares looking to use minority issues as facilities to the common people. At
in approach, can also think in religions are to make one reach the with the Central Asia region is a weapon in its diplomatic arsenal best, the Railways can sanction a
terms of following some of the supreme height of nobility in both religion now a source of trouble against India; therefore, a Jewish yearly grant to the new
leads by institutions like the thought and deed. But here, by as well as opportunity. The region lobby speaking for India can do organisation or reimburse all
Grameen Bank and the abusing a religion, the IS wants to follows a moderate form of Islam wonders. Third, at home, the expenditures on the medical
International Development spread terror everywhere which is all embracing, hence the Muslim vote bank is not an issue check-up/treatment of its staff.
Agency so as to nourish small reminding us of some of the worst popularity of Bollywood and all for the BJP-led NDA government. K.R. Unnithan,
businesses and entrepreneurs in a forms of barbarism. There are things Indian. We ought to pass on Finally, non-alignment has no Chennai
manner that is more environment enough lessons to realise that our experiences to the region since utility. National interest, and not
friendly and sustainable. people around the globe have to it borders Afghanistan and is humanism, and realism, and not A key function of railway doctors is
Vishnu K., live as one large community, be vulnerable to the spread of a idealism, are what move to decide the size of the sick list
Thrissur accommodative and follow the radical form of Islam. Another international politics. From of railway employees including
principles of tolerance, mutual reason why the outreach should be national security to food security, running staff. Sick leave by any
The three core objectives proposed respect, brotherhood and made is because the close and from defence technology to railway employee cannot be
by the writer are pertinent global harmony. Why do we want to go cooperation between Afghanistan advanced agricultural technology availed of without the concurrence
issues. The time frame, 2050, and back to the Stone Age? and Pakistan can be detrimental. we need Israel. NAM, like a good of the railway doctor. If the
35 years from now, is adequate. R. Ramanathan, India has had historical links general, has served us well but it is railways do not have its own
However, even the best plans can Coimbatore with the Arabian region and must time to bid it farewell. doctors and allows its employees to
be ineffective, if monitoring and use the advantage of such bonds to Shashank Jain, avail sick leave from private or
follow-up action are inadequate. For all the criticism about the bring about a truce between Saudi New Delhi government doctors, the running
Poverty needs alleviation and Western countries for their Arabia and Iran. This will ensure of trains will be seriously
needs to be on top of the agenda. A unwarranted interventions in the that Indias economic interests in The railway hospital jeopardised. Thus, railway doctors
yearly report on the achievements, Arab world, they are borne by the the form of oil, remittances and The Indian Railways need not ensure smooth and uninterrupted
the shortcomings and then fact, that they are consistently energy are protected. If India plays spend public money on hospitals train services.
redressal will stand the project in finding and adopting deft strategies a major role in containing the designated only for its employees J. Eden Alexander,
good stead. Once poverty is of operation to grab as much oil spread of terrorism, from Central (Open Page Spare the railway Thanjavur
BG-MY
 www.jobsalerts.in
EDITORIAL
BENGALURU

10 THE HINDU FRIDAY, JULY 10, 2015

Conscience and the body politic

deviate from an expected role, what is the
If politics is about a competitive opportunity to attraction? It comes from scratchiness and

Krishna Kumar
FRIDAY, JULY 10, 2015
Bureaucrats have social status and power.
They also possess personal knowledge of the
Making parties rules. So, as a reasonably educated Indian
citizen knows, it is pointless to argue with a
bureaucrat: one can only plead with him or
accountable her. The case of politicians is different. They
seem to be one of us, as they derive their
power from their popularity among ordinary
olitical parties seek to represent the people men and women. Also, we learn at school
serve and build the nation, loyalty and a sense of
duty are naturally important but not sufficient.
Both politicians and citizens need space to
demonstrate their humanity by acting on
their conscience
faced with a crisis, the ordinary citizen who
does not know at least a few important peo-
ple, does tend to end up feeling lonely and
helpless. The democratic system, especially
her style. From that point onwards, the citi-
zens bewilderment could only grow.
In the 1980s, it became clear that politics
was not so much about representation and
the anticipation of a few drops of blood. The
participants know each other well and often
use rst names to display intimacy and a
commonality of business. They act like ver-
bal acrobats, making repetitious, circular ar-
guments to defend the positions they have
been called to represent. Their skilled ease at
ignoring the opposition or questions makes
the seasoned anchor smile as an aside, and
we laugh.
The slogans painted in buses during the
Emergency marked the beginning of this
cynical, simplied democracy. Some of the

P and to take decisions on their behalf. But in

India they have so far resisted attempts to be
listed as public authorities under the Right
to Information Act and thus be made liable to publicly
disclose nancial assets. With the Supreme Court now
asking six national parties why they should not be
brought under the RTI, India is a step closer to making
its political organisations accountable in their nancial
transactions. In conducting their nancial affairs in an
opaque manner, some parties have been able to hide
their sources of funding, and the extent of their assets
and nancial holdings. When the Central Information
Commission tried to bring them under the ambit of the
RTI, the previous United Progressive Alliance govern-
ment actually considered amending the Act to nullify
the order. Indeed, political parties have neither chal-
lenged the CICs order nor complied with it. But in
March this year, the CIC reiterated its order as nal
and binding, even as it admitted it was unable to act
against the parties that had not replied to its notices
and had ignored its order. Similarly, the Election Com-
mission, which is a party to the case before the Su-
preme Court, has been unable to check nancial
irregularities among political parties; it does not have
either the ability or the mandate to verify the claims of
donations made to political parties. Although parties
have to declare to the Election Commission all dona-
tions in excess of Rs.20,000 they receive, they resort to
under-reporting to evade this clause. Most of the dona-
tions are shown as having come in smaller sums.
Donations to political parties are not always volun-
tary, and in any case the donors big businesses and
corporate houses get favours in return when the
parties they fund come to power. Most of the donations
are made illegally, through off-the-books transactions,
and the parties repay their benefactors in terms of
policy concessions or amendments to rules. Business
houses often strike deals with political parties, which
result in acts of corruption when they get into govern-
ment. Indeed, many business houses support more
than one party, extending donations both legally and
illegally as black money. Thus, requiring political par-
ties to open up their nancial transactions, the dona-
tions they receive and the expenses they incur, to
public scrutiny is imperative to bring down levels of
corruption and make them more accountable. What
the CIC was unable to achieve since the implementa-
tion of the RTI, the Supreme Court should be able to do.
As was argued in the petition before the court, the right
to information has been held to be a part of the freedom
of speech and expression under Article 19(1)(a) of the
Constitution. That freedom cannot be undermined.
that democratic politics is all about discus-
sion and debate. So, when we grow up and
attain adult citizenship, we live in the hope
that our views will be heard by those who
represent us.
This hope and the belief that keeps it
alive received a body blow during the 21
months of Emergency rule, in effect from
June 25, 1975 until its withdrawal on March
21, 1977. Ordinary citizens realised with
shock that they had no rights whatsoever
under the new system. When Indira Gandhi
became supreme leader, the politicians sur-
rounding her became small dictators. The
new style of exercising control was copied all
the way to the municipal level. Civil servants
radiated jubilation over the clarity of orders
they had from above. Many prominent pub-
lic voices turned into sycophants.
The exceptions took refuge overseas. The
ethos of everyday life turned bleak quite
smoothly while the totalitarian state appara-
tus took charge. Many chose to rejoice fol-
lowing the new sense of normality trains
ran on time while some people you knew
went missing. The initial shock that this
could happen in India faded within a few
weeks though arrests continued as though it
was a routine matter.
Relevant lessons
The benchmark of totalitarian power set
under the Emergency continues to serve
both politicians and civil servants as a se-
cretly inspiring feat. Memories of the Emer-
gency differ, depending on who remembers
what. Stories also differ because cities,
towns and villages suffered differently. It
was not merely a dark period as many kept
saying it was. It demonstrated how vulner-
able the democratic system was in India. It
also showed how weak some of our key in-
stitutions were.
Forty years on, the messages of the Emer-
gency still remain sharp and relevant. When
CARTOONSCAPE
the electoral process, remains open to mis-
use and chicanery. Institutions remain weak
and dependent on individual whims. Some-
one in charge of running a public institution
can substantially distort its functioning
without being noticed or stopped. Not every-
one in the new, richer middle class regards
dictatorial behaviour as a high cost to pay for
efficiency. Rather, appreciation of author-
itarian use of power is quite common. The
fragile balance between power and reason
was jolted during the Emergency. Ultimate-
ly, reason returned, almost as a gesture of
courtesy from someone of good upbringing.
By appealing to the conscience of those who directly served
the state, Jayaprakash Narayan was trying to remind them
that they too were human, like all other citizens. He was also
reminding the audience that citizens matter...
Nothing in particular happened to suggest
that those with power and status will from
now onwards bow to reason and practise
moderation. The Emergency changed poli-
tics in a manner that reason alone cannot
address or inuence. That was the real dam-
age and we are still coping with it.
States opacity
After the Emergency was over and the
electoral process was resumed, one expected
that the new regime would be sustained by
its claim to taking the moral high ground.
That did not happen. The tall gure of Jaya-
prakash Narayan (popularly known as JP)
failed to keep politicians within the bounds
of reason. Ideological interests and habits
wrecked the rst experiment of bandaging
the injury that Indias body politic had suf-
fered. Indira Gandhis return to power ac-
companied no public acknowledgement of
regret. It conveyed the indispensability of
debate over alternatives as about launching
of personal visions. The Emergency had in-
tensied the states opacity; it now seemed
like its nature. New social forces and forms
of communication established the impres-
sion that arguing was not worth the time it
took. Getting on with life and having an in-
come were more desirable than making
sense of the whims and deeds of politicians.
A generation of youth grew up groomed in
the conviction that politics was essentially
murky; therefore, it was better to leave it to
politicians and their progeny. Neither
schools nor colleges had the pedagogic will
and rigour to tell the young what had hap-
pened in the mid-1970s and why.
Politics as entertainment
Soon enough, a better way to cope with
politics became accessible through televi-
sion. In the rst round, news bulletins un-
derwent a facelift. News designers, editors
and readers worked together to serve poli-
tics as an evening drink. Bad news posed no
problem. It was the job of designers to make
all news t for pleasant consumption. The
meaning and purpose of news changed quite
dramatically. Accidents offered opportuni-
ties to bash up state officials; explosions cre-
ated an occasion for sound and light effects.
A whole new world of entertainment opened
up for everyday exploitation and prot. Then
came the live debates that now dominate
prime time television. They work on the
principle of theatre: all participants must
follow their scripts. If no one is supposed to
slogans directly mocked the citizens right to
grasp what was going on. One that was paint-
ed inside every Delhi bus specically asked
us to Smile all the time. Another said, Talk
less, Work more [baatein kam, kaam zyada].
The all-powerful regime wanted us to think
positive thoughts rather than worry about
the loss of our crucial rights, liberties and
dignity. The Hindi poet and journalist, Ragh-
uvir Sahay, used the regimes injunction to
be positive in the title of his collection of
poems written during the Emergency,
Laugh, Laugh, Laugh, hurry up and laugh
[Hanso hanso jaldi hanso]. If you felt cheat-
ed and cynical, you had to learn to shed these
feelings. Humour and satire had no rele-
vance or place either. When Shankars
Weekly declared its closure, in 1975, an era
ended and another started. This modest
magazine symbolised the citizens right to be
an ordinary human in the face of powerful
people. K. Shankar Pillai its founder, and
considered to be the father of political car-
tooning in India and his associates drew
cartoons and wrote funny articles in an ethos
where tolerance was taken for granted. It
didnt have to be eulogised as a great quality
of Indias ancient civilisation or taught in the
moral-education period. When asked to sub-
mit the contents of each issue for prepubli-
cation scrutiny by censor officials, Shankar
chose to close down his magazine with vol-
untary grace.
Forgotten legacy
Shankars decision reminds us of a legacy
of the Emergency that has now been forgot-
ten. It is about the role of conscience. JP
mentioned it in a public speech. At the his-
toric Ramlila grounds on the night of June
25, endorsing the call for Indira Gandhi to
step down, JP recited Ramdhari Singh Din-
kars evocative poem, Singhasan khaali ka-
ro/ke janata aati hai (surrender your throne,
for the people are coming). His plea that
government servants, even the police,
should not ignore their conscience while fol-
lowing orders from above was perceived as a
provocation.
As an idea, it was neither new nor original.
Gandhiji had used it several times to mobil-
ise people against colonial rule both its
excesses and its normality. By appealing to
the conscience of those who directly served
the state, JP was trying to remind them that
they too were human, like all other citizens.
He was also reminding the audience that
citizens matter, not merely as constituents
of a powerful nation, but as ordinary human
beings as well.
The idea that human beings have a con-
science offers an interesting perspective on
democracy. If politics is about a competitive
opportunity to serve and build the nation,

Lessons from loyalty and a sense of duty are naturally

important but not sufficient. Both politic-
ians and citizens need space to demonstrate
their humanity by acting on their con-
the NYSE glitch science. Emphasis on accountability and
transparency does not necessarily help, es-
pecially when they are enforced by techno-
he nearly four-hour halt in trading at the New logical means. The exercise of conscience in

T York Stock Exchange on Wednesday was the

longest technology-related disruption in re-
cent memory at the 223-year-old Big Board,
one of the worlds largest. The exchange, which had
the public space has to do with examples, set
and followed in the course of ordinary life. If
this lesson is learnt and remembered, the
damage and hardships that the Emergency
caused would not look wasted.
faced minor technology problems recently, suspended (Prof. Krishna Kumar is Professor of
trading in securities by 11.30 a.m. local time citing prob- Education at the University of Delhi and a
lems arising from our technical issue, and could reopen former Director of NCERT.)
only about 45 minutes before the close of the day. In-
terestingly, this episode had almost no impact on the
overall trading of U.S. stocks. For, the NYSE is not what
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

it used to be. If it accounted for about 80 per cent of total

trading stocks in the U.S. in 2005, the share is now 20
per cent. Secondly, investors were able to route their buy
and sell orders to other exchanges operated by Nasdaq
OMX Group and BATS Global Markets, which continued
to function. This was made possible because of the stock
markets inter-connected trading system. While stocks
are listed on both the NYSE and Nasdaq, they are traded
on at least 10 exchanges and at more than 40 private
trading venues, known as dark pools, during the day.
They only trade on the listing exchanges during the
opening and closing auctions. The disruption, nonethe-
less, rattled investors, who already had reason to be on
alert given the uncertainty over the Greek crisis and the
rout in the Chinese markets. Chinese stocks plunged 6.7
per cent on the same day amid fears that a slowdown in
the worlds second largest economy would spill over into
its nancial sector. In the U.S., the Standard & Poors
500-stock index fell about 1.7 per cent, and the Dow
Jones Industrial Average dipped by about 1.5 per cent.
The freeze raises serious questions both about the
functioning of the NYSE and the efficacy of automated
systems that underpin nancial markets today. The
NYSEs new owner, Intercontinental Exchange, had res-
tructured the company after the $8.2 billion purchase in
2013. It sold the NYSEs assets and sent away half its
employees, including most of the 22 senior-most exec-
utives. This, according to some analysts, has affected the
functional aspects of the exchange; if proved true, this
needs regulatory oversight. But the NYSE was not the
only American organisation that faced technical glitches
that day. United Airlines grounded dozens of ights and
delayed hundreds because of a systems issue. And
around the same time as the NYSE trading halt, the
website of the Wall Street Journal went down. Even if
these outages were not caused by any coordinated cyber
attack, as has been claimed by U.S. officials, the events
demonstrate the vulnerability and fragility of techno-
logical systems. This aspect needs urgent attention.
There are lessons here for every country including India.
CM
YK
Debating the Land Bill
The fact that farmers form the
backbone of Indias economy is
being glossed over (Subverting a
progressive law, July 9). Cutting
them off from their sole source of
livelihood in the race towards high
growth will only result in chaos.
Most of our farmers are unlettered
and lack information/access to
other sources of income. Therefore,
parting land and farmer without
consent will have its deleterious
effects on alleviating poverty,
malnutrition and migration. Using
prime, fertile land to create
concrete jungles will only result in
a setback in our efforts to ensure
food security. Why is this simple
lesson being ignored?
Prateek Shendre,
Bidar
Noida was supposed to be a planned
city, but due to the land maa-
builder-politician-bureaucrat
nexus it has turned out to be
nothing more than a makeshift,
industrialised slum. The logic
behind any land acquisition should
be to make a city that bolsters the
development of the State as well as
its people. Farmers, from whom
land was acquired, were not given
alternative sources of employment.
Much of Noida is now a concrete
jungle with dwelling units priced
way out of the reach of the common
man. Villages on the periphery are
fast turning into slums and
territories for illegal activities.
Pollution in the city is at an
unacceptable level and the water
table is fast dropping. Farmers have
not got their due and many have
led cases. I have seen these between the politician and the to gain know-how. Lastly, the proper medicare system is still a
changes having been born there. judge. How can NJAC address this regulatory framework should be distant dream for millions and
Naveen Kumar Mavi, issue? Prohibiting all post- done away with. The long-term where star status hospitals
Noida, Uttar Pradesh retirement appointments for defence policies of the country ourish by eecing patients on
judges (and bureaucrats), by should be made known to private several counts and rendering
Appointing the judge legislation, can be one solution. entities so that they get to know the themselves inaccessible to
The tug of war between the But, again, such rules can be thrust areas and acquire lead time. commoners, the role played by
executive and the judiciary over violated with ease by the Executive Prerna Sethi, hospitals in the government sector,
who should have primacy in the through ordinances, as was done New Delhi viz, government, railway,
appointment of judges seems to be in the posting of the Principal Employees State Insurance
never ending (NJAC: Objection Secretary to the Prime Minister. The Make in India campaign is the Corporation and dispensaries,
overruled, July 9). The collegium Another matter that is cause for best opportunity before us to revive assumes greater signicance. In
system of selecting judges, by anxiety is the Attorney-Generals the skills of our youngsters. Most of fact, there is a paramount need to
judges, is not a perfect option. declaration, while arguing before them are in jobs that contribute to further widen the scope of the
Nobody gets to know what happens the Supreme Court, that the Centre the economic growth of distant functioning of these hospitals.
behind the closed doors of lands. Where is the gain for India?
is determined at any cost to end the K. Muthiah,
judiciary. About NJAC, the collegium system, even if the NJAC It is time to tap both spirit and Madurai
concerns of the judiciary about the is declared invalid. Is this not antalent in order to ensure our
quality of appointments deserve open threat? nations well-being. It is without doubt that the
to be addressed. Both the law P.R.V. Raja, R. Vasanth, railways medical facilities are way
makers and those who uphold the Pandalam, Kerala Udumalpet better than those by other
law should shed their narrow government run medical facilities.
mindset and nd a solution. On the foreign angle The railway hospital But, unfortunately, they can be
Preethi R., Growth in Indias defence sector The article, Spare the railway better availed of by serving
Chennai has been sporadic since hospital system (Open Page, July employees who are in railway
Independence. This is the result of 7), needs to be viewed in the colonies and where access to a
While wider consultation can tend the availability of affordable context of the prevailing medicare railway hospital is easier. The
to select better (not the best) military equipment from Russia system in our country as a whole. It railway administration has
persons, no amount of and the former Soviet states and would be an ill-informed, ill- consistently failed to address the
consultation can identify certain the lack of a long-term strategy by conceived and imprudent plight of pensioners who, after
aspects of the human mindset that policymakers to plan proposition to dispense with the retirement, have to live in far-ung
changes with circumstances. The indigenisation within the defence existing, well-knit, health-care areas. For example, in Bengaluru, if
writer has himself said that benets sector. Though FDI in defence has delivery system of the Indian a pensioner lives in a faraway area,
like security of tenure, salary, been increased, there is little Railways. Notably, the railway he/she has to travel a long distance.
pension and so on are of high possibility that such a move will zonal headquarters hospital, at The government pays a sum of
priority for appointees. The help in making us self-reliant as it is Perambur in Chennai, and its Rs.500 per month for such
reference to so on perhaps very unlikely that foreign rms cardiology unit in particular, enjoys pensioners who cannot avail of
includes a judges desire for post- would want to part with their an impeccable reputation built these facilities, and which is also an
retirement jobs in government. technology developed at high cost painstakingly over the years by allowance that is not enough for
Also, a Union Ministers recent and considerable research. As a illustrious cardiologists, one of even one person. Multiple
observation that in some cases the result , the Make in India is bound them being Dr. T.J. Cherian. The representations to the Railway
pre-retirement judicial conduct of to remain a dream. The Perambur hospital draws patients Board to permit pensioners to avail
a judge was inuenced by the desire government needs to fund R&D in from all over the country as the of CGHS facilities have only fallen
to get a post-retirement defence and take up projects using hospital has opened up its services on deaf ears.
assignment does raise many an a PPP model. The offset policy to outsiders, at an affordable cost. N.K. Raghavendran,
eyebrow. Actually, this is a deal should be implemented with a view In a country like ours, where a Bengaluru
BG-BG
 www.jobsalerts.in
8 EDITORIAL
BENGALURU

THE HINDU SATURDAY, JULY 11, 2015

The Ufa takeaways and reason for hope

Sahib and to the Hinglaj Mata temple, and to
The Ufa engagement proves the strength of the Pakistani pilgrims for the Ajmer Sharif and

Suhasini Haidar
fundamentals of the India-Pakistan relationship, Nizamuddin Auliya in Delhi.

SATURDAY, JULY 11, 2015
The meeting on Friday between Prime Min-
ister Narendra Modi and his Pakistan coun-
Needed, terpart Nawaz Sharif who met for nearly
an hour in Ufa in Russia on the sidelines of
the Shanghai Cooperation Organisation
a new strategy Summit to discuss an entire gamut of issues
between the two countries has kicked off a
new season of engagement between India
hen Sitaram Yechury, Communist Party and Pakistan. There is now a clear road map
and that despite all that happens to derail the ties,
the two countries have always returned to
the table
between their governments, particularly
over Mr. Modis comments in Dhaka in June
2015, where he called Pakistan a nuisance
that promotes terrorism, and the Sharif
governments responses to it. Despite all
meetings. But that came a cropper over in-
herent distrust between both sides. Interest-
ingly, part of the Havana declaration was Dr.
Singhs acceptance of an invitation to Pakis-
tan, which never materialised. Mr. Doval is
Expediting Mumbai trial
Finally, there is the very signicant refer-
ence to the provision of voice samples and
to expedite the Mumbai trial. Despite the
Bharatiya Janata Partys claims that these
have been given for the rst time, both
assurances were given by Pakistan in May
2010 after the Thimphu SAARC summit
meeting between Prime Minister Yousuf Ra-
za Gilani and Dr. Singh. A month later, when
Home Minister P. Chidambaram travelled to

W of India (Marxist) general secretary,

shared a platform with Somnath Chatter-
jee at an event this week in Kolkata mark-
ing Jyoti Basus birth anniversary, the symbolism was
hardly lost on anyone. Mr. Yechury asked Mr. Chatter-
jee to work jointly with the Left, avoiding any reference
to his rejoining the party, making the intent behind the
sharing of the stage clear. Mr. Yechurys seeming pro-
clivity to engage with such estranged friends suggests
his party recognises that its road to recovery can only be
through West Bengal, where it right now suffers from
terminal decline. The new general secretary is evidently
trying to move away from the legacy of his predecessor
who was instrumental in the expulsion of the veteran
from the CPI(M) in July 2008 by showing a certain
willingness to accommodate leftist voices that are more
amenable to building broad coalitions with parties such
as the Congress. Recent statements by several CPI(M)
leaders in West Bengal suggest the party is looking
toward a workable alliance with groups including the
Congress to mount a challenge to a formidable Trina-
mool Congress.
The problem for the CPI(M), however, remains to be
that it has still not managed to offer itself as an agent of
change in the State, and is perceived warily by an electo-
rate that had seen three and a half decades of Left rule.
Despite a change in its State leadership, the CPI(M) still
has little to offer as an oppositional force. Meanwhile,
the Trinamool Congress, by virtue of its posturing to-
ward the more populist side of the Left, has earned the
trust of the rural poor to a substantial degree. While a
new alliance strategy, including an engagement with
the Congress, could help the Left arithmetically, the
inability to resuscitate its fortunes through internal
reorganisation, and the absence of any movement to-
wards pan-Left unity must be cause for greater worry
for the CPI(M). The Lefts state of crisis is not limited to
West Bengal. In Kerala, recent byelection results in-
dicate that the Congress-led United Democratic Front
is not facing any imminent threat on account of anti-
incumbency factors, while the CPI(M) faces issues of
factionalism. In Tripura it is holding on its own, al-
though challenges are evident. The CPI(M) and other
Left groups have been harping on the slogan of Left
unity and a joint struggle, but this has remained more
of a goal on paper than one that could be translated into
anything meaningful on the ground. The CPI and the
CPI(M), for example, seem to have little difference in
terms of essential ideology anymore, but even in their
most weakened and dire straits, such as now, they have
not really pushed the envelope on a unication initia-
tive. The future, thus, admittedly remains foggy.
of events in the next few months to take the
dialogue process forward.
The Foreign Secretaries of India and Pa-
kistan, S. Jaishankar and Aizaz Ahmad
Chaudhry, held a joint press meet where
they read out a joint statement on the out-
come of the meeting and listed out ve
points. These are: a meeting in New Delhi
between the two National Security Adviser
(NSA) to discuss all issues linked to terror-
ism; early meetings of the Directors General
of the Border Security Force and the Pakis-
tan Rangers followed by that of the Directors
General Military Operations (DGMO); the
decision to release shermen in each others
custody, along with their boats, within a pe-
riod of 15 days; a mechanism for facilitating
religious tourism, and both sides agreeing to
discuss ways and means to expedite the
Mumbai case trial, including additional in-
formation like providing voice samples.
Bonhomie after acrimony
The sixth point is that all actions would
lead up to Mr. Modis visit to Pakistan, to
attend the South Asian Association for Re-
gional Cooperation (SAARC) summit in Isla-
mabad in 2016. As a result, the process would
most closely mirror Prime Minister Atal Bi-
hari Vajpayees reach-out to Pakistan on
April 18, 2003, when the National Democrat-
ic Alliance government announced a hand
of friendship to Pakistan after years of bit-
terness over the Kargil war, the Parliament
attack and the Agra summit.
The announcement was followed by sev-
eral rounds of official meetings, and then by
the unilateral Ramzaan ceasere announced
by Pakistan President Pervez Musharraf in
November 2003, so that by the time Mr.
Vajpayee travelled to Pakistan in January
2004, he and Pakistan Prime Minister Mir
Zafarullah Khan Jamali were able to an-
nounce a number of major agreements and
the Islamabad declaration that restarted the
composite bilateral dialogue.
The key takeaway from the Ufa declara-
tion is the bonhomie between the Prime
Ministers after a period of extreme acrimony
CARTOONSCAPE
that, Mr. Sharif, with his determined com-
mitment to bettering ties with India, and Mr.
Modi, with his strong mandate, and rm grip
of his party and cabinet, are still the best
poised to deliver any agreement between the
two countries that has seen so many others
try and fail in the process.
Promises, the challenge
However, history has proven that it isnt
delivering an agreement or a declaration be-
tween the two countries that is the biggest
challenge, but delivering on its promises af-
ter that, given that the process can be re-
bombed by violence at the Line of Control
(LoC), a terror attack , or even an outbreak of
words. In that sense, it is important to look
The reference in the joint statement to 'voice samples' of
those involved in the Mumbai attacks raises the question
whether Pakistani authorities have secured a court order in
favour of handing over these samples towards trial.
closer at each of the promises made in the
joint statement at Ufa to see how rmly they
will hold in the face of those risks.
To begin with, the NSAs meeting to dis-
cuss all issues connected with terrorism is
important, given that both Mr. Ajit Doval of
India and Mr. Sartaj Aziz have the full con-
dence of their respective Prime Ministers,
which is crucial to hammer out any peace
deal, away from the limitations of bureau-
cracies, militaries and the constant glare of
the media. Second, even within their estab-
lishments, both men are seen as hawks.
Therefore, if they do come to an agreement,
it will take into account the most extreme
views on either side.
This is not the rst time that such an
engagement has been proposed, however. In
2006, the Joint Terror Mechanism an-
nounced in Havana by Prime Minister Man-
mohan Singh and Gen. Musharraf also
envisaged a dialogue away from the Foreign
Ministries with NSAs and intelligence chiefs
himself a gure viewed with deep suspicion
in Pakistan, not the least because of past
statements he has made on Balochistan and
covert operations, which are aired on Pakis-
tani TV channels quite regularly. However,
given his years posted in Islamabad, and
decades in the intelligence bureau, he will
bring in a unique perspective to the talks.
The meetings between military com-
manders at the LoC are already a part of an
ongoing process, and even before the Prime
Ministers met in Ufa, one such meeting had
been scheduled for September 2015 between
the DGs of the BSF and the Pakistani Rang-
ers. There is an annual mechanism for high-
level talks between the Pakistani Rangers
and BSF chiefs that last took place in March
2015 at the Wagah-Attari border. DGMO
(Army-to-Army) meetings have also taken
place in the past, albeit more rarely as when
the DGMOs met in December 2013 as an
outcome of the Singh-Sharif meeting in New
York it was after a period of 14 years. It
remains to be seen what structure the newly
announced DGMO talks will take.
Release of fishermen
Similarly, the reference to the release of
shermen is also a regular occurrence. An-
other batch was released after Mr. Modi
spoke to Mr. Sharif last month. The tragedy
is that the navies of both countries detain
these shermen who stray over the sea
boundaries quicker than they can be re-
leased, and at any given point, each country
holds 300-400 shermen. The mechanism
for religious tourism will be welcomed in
all parts, as each year, Indian and Pakistani
officials wrangle over the visas issued to In-
dians for Gurpurab celebrations at Nankana
Islamabad armed with the Indian dossiers,
Pakistan Interior Minister Rehman Mallik
had declared that Pakistan would provide
India all support in probing the 26/11 at-
tacks. This was to include expediting the
trial with day-to-day hearings in a special
court; giving India the voice-samples of ter-
ror element Zaki-ur-Rehman Lakhvi, alleged
to be the operational mastermind in the
2008 Mumbai attacks, and the other accused
in Adiala jail, and of hunting down the mas-
terminds of the attack including reinvesti-
gating the case of Mumbai attack
mastermind Haz Saeed. The promise of
voice samples was critical as they could be
matched with telephone recordings that In-
dia already has produced, of Lashkar-e-Tai-
ba commanders in the so-called Karachi
control room coldbloodedly guiding gun-
man Ajmal Kasab and his colleagues to kill
innocents at the Taj hotel and Chabad House
in Mumbai. If any of those samples matched
with the men accused, then that would
clinch the 26/11 trial. However, in June 2011,
Mr. Mallik announced that he couldnt hand
over the voice samples without the permis-
sion of the accused, who had appealed to the
courts on the issue. If I give the samples by
any other means by recording their voice and
send it to India, that will be challenged in [a]
Pakistani court and there will be contempt
of court on the investigators and prosecu-
tors, Mr. Mallik had said in an interview at
the time.
It would be interesting to nd out how the
Pakistan Muslim League government has
now given India a similar assurance, and
whether it has a new law up its sleeve or has
secured a court order in favour of handing
over the voice samples. An added hurdle will
be that Lakhvi is out on bail, and was recent-
ly exempted from court appearances in the
26/11 trial, which will make it extremely dif-
cult to track him down for the process.
Another question that arises is where India
will take its quest at the UN to make Pakistan
accountable for the Mumbai attacks. For the
past few months, India has stepped up ef-
forts to have Pakistan named or criticised by
the UN, the 1267 Taliban sanctions commit-
tee and the Financial Action Task Force.
Now that the Indian and Pakistani govern-
ments are discussing the matter, will India
cease these efforts, or at least suspend them?
Eventually the Ufa engagement proves the
strength of the fundamentals of the India-
Pakistan relationship, that despite all that
happens to derail the relationship, the two
have always returned to the table, and that
every Prime Minister and President, across
political parties in India and Pakistan, has
tried to make a contribution to that process.
Another fundamental, the need for one-up-
manship, to decide who came away the victor

Going after from the talks is always the cause for the
unravelling of the process. In that respect it
is a mistake for some in the government to
claim success at the non-inclusion of a refer-
crooked deals ence to Jammu and Kashmir at Ufa; the
2009 Sharm el-Sheikh document also made
no reference to the Kashmir dispute.
he agreement signed this week by the govern- Given the past history of summits be-

T ments of India and the United States to imple-

ment the Foreign Account Tax Compliance
Act (FATCA) is yet another weapon in Indias
war against tax evasion and black money. It requires
tween India and Pakistan, and the constant
and creative search for new solutions by
their leaders to a nearly 70-year-old dispute
that has cost both countries dear, it would be
a mistake to claim that any new venture in
both governments to exchange nancial information on the relationship is in fact a rst that has
offshore accounts of each others citizens in their re- never been done before. What it is however,
spective territories. The agreement may not be of any is a new reason for hope.
great use to India in the immediate context since the suhasini.h@thehindu.co.in
proportion of Indian tax-evaders hiding funds in the
U.S. is negligible compared to those doing so in tax
havens such as the Bahamas, Cayman Islands and Lux-
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

embourg but signing it was still essential since the

U.S. imposes strict punitive measures on companies
that are not registered under FATCA. Basically, failure
to sign it would have meant companies such as the State
Bank of India and the ICICI bank would have become
highly uncompetitive in the U.S. The U.S.s motivation
to get India to agree to FATCA is clear: the more signa-
tories there are to it, fewer will be the number of places
where tax-evaders can hide. There are 110 jurisdictions
that have signed in, including several of the tax havens.
From Indias point of view, the agreement is a simple
bilateral deal, but it must be looked at in the context of
its concerted ongoing efforts to deal with black money.
By means of legislation in India and multilateral agree-
ments signed with other countries, India has been clos-
ing the net around tax-evaders as never before. The
Black Money Act of 2015 makes failing to declare for-
eign assets or income a costly proposition: apart from
the at 30 per cent tax levied on foreign income, indi-
viduals who fail to declare it will have to pay a penalty
three times the tax amount (which will work out to 90
per cent of the value of the income). They could also face
a possible jail term. Internationally, India last month
joined the Multilateral Competent Authority Agree-
ment (MCAA) on the Automatic Exchange of Financial
Account Information, which has 59 other members.
This ensures multilateral sharing of nancial informa-
tion on an automatic and systematic basis, unlike in the
previous system in which only information pertaining
to specic individuals would be shared, that too when
there was suspicion of wrong-doing. Taken together,
the Black Money Act, the MCAA, and now the FATCA
agreement comprise a formidable system aimed at
curbing black money. Indeed, it is the most systematic
and concerted effort made by India to date. This com-
mendable and long-overdue initiative will send forth
the message that the government is intent on doing
what it had promised to do to curb irregularities
involving funds held in foreign lands, and black money.
CM
YK
Vyapam and CBI
At last there is action with the
Supreme Court transferring the
investigation into the
Vyapamscandal to the CBI (SC balances to ensure that donors to a
transfers Vyapam investigation to
CBI, July 10). However, the
impression gained that by handing
over the investigation to the CBI,
there will be a permanent solution
to such a case is erroneous. The
case is too massive to be handled by
the CBI in its current form. There
has to be a drastic overhaul almost
to the extent of creating a new and
modern CBI.
I have worked in the CBI for
many years and I know the
organisation inside out. It produces
awless results while dealing with
white collar crimes. But the size of
the present operation is beyond the
capabilities of the organisation
unless the Home Secretary and
Home Minister directly oversee
the work every week and nd
solutions to problems that may
confront the investigations. The
CBI is a wonderful organisation
and has had some wonderful
Directors. Our leaders appear to be
playing political soccer with this
body, which should stop.
V.R. Lakshminarayanan,
Chennai
Financial accountability
The discussions on bringing
political parties in India under the
purview of RTI seem well intended
(Editorial, July 10). But, just like
any other issue, this one too has a
negative side. Information seekers
under the RTI would probably seek
information related to donors of
the parties. Revealing the name of
donors may be a good step towards
breaking down collusive corruption
in politics but we need checks and
hours like government secretaries
particular party are not harassed by
other parties. It should be ensured
that the broader vision of
destroying customs of quid-pro-
quo in politics are not subverted by
political acts of settling grudges.
Vaibhav Dixit,
New Delhi
Making political parties
accountable in their nancial
transactions is a big step but is one
that is challenging. There are
around 36,000 pending RTI
queries before the CIC. In such a
scenario, if political organisations
become accountable, the pressure
to obtain information is bound to
increase. Instead, the Election
Commission should come up with
more stringent rules to check
nancial transactions at an early
stage. Successive Chief Election
Commissioners have written to the
government offering suggestions,
but these have still to be acted
upon.
Udayan Singh,
New Delhi
Salary of MPs
It is surprising that a parliamentary
committee has recommended a
steep hike in the salaries and
allowances of Members of
Parliament (July 3). At a time when
Prime Minister Narendra Modi is
launching a series of ambitious
schemes and projects to alleviate
the plight of the poor and the most
deprived, it is strange that our MPs
should want an enhancement in
their salaries. Do our MPs work
continuously for many days and
and other staff? In fact they should
be prepared to reduce their salaries
by 100 per cent. The need of the
hour is for complete austerity in all
spheres.
In this connection, it is pertinent
to recollect the noble gesture of
Rajaji after he took over as the
Governor General of India in
March 1949. When he found out
that Lord Mountbatten was
drawing an astronomically high
salary per month, he wrote to the
Prime Minister of India asking that
his salary be made Rs.5,000 a
month. Accordingly, a resolution
was passed on March 29, 1949
xing his salary as Rs.5,500
inclusive of income tax.
K.R. Krishnan,
Chennai
It is not out of place to mention that
for every section of government
employees, pay commissions are
constituted to review their pay
structure. Undoubtedly,
Parliament is supreme and controls
the nances of the country, but it is
forgotten that there is a provision
under Article 106 as well as in the
Second Schedule of the
Constitution to x remuneration
and emoluments. Our MPs are
required to live with dignity, but
propriety and justication to raise
their salary and perks demands that
some mechanism other than the
JPC is required to be evolved to
effect such a hike. There can be an through a public referendum and
independent panel using the be made transparent.
judiciary, the executive and the S. Narayan,
legislative to review the entire Mumbai
salary structure of MPs.
S.K. Khosla, MDG report
Chandigarh While the Millennium
Development Report of the United
Self-gratication is the hallmark of Nations for 2015 (Tardy pace on
Indian politics where we need to maternal mortality front: MDG
overfeed ourselves before feeding report, July 8) is upbeat about the
the nation. It is a shame that such a reduction in the level of poverty by
demand has cropped up amid the half in the country, what is
clamour for implementation of One alarming is the slow progress made
Rank One Pension. as far as malnutrition, maternal
Prashant Inder Bhoriwal, mortality and child mortality are
Chandigarh concerned, reecting the
inadequate attention being paid.
Our MPs are already entitled to free Perhaps the government needs to
and subsidised travel by rail and air, strengthen poverty alleviation,
enjoy free/subsidised electricity, hunger elimination, health
water supply, accommodation and improvement, environment
telephone calls. Besides these they cleanliness programmes in a big
are also entitled to heavily way. The proposal which I have
subsidised and sumptuous canteen made often on the National
food in Parliament House. Some of Authority on Hunger Elimination,
the allowances they get are tax free. in my capacity as former director,
Against all this, one needs to CPCRI and now president of the
measure their performance in Society for Hunger Elimination,
Parliament. They appear to have might be useful to address the
their own agenda. Unruly scenes on problems of poverty, health,
television are proof of this. Can hunger and other related issues in a
such a thing happen in government coordinated way. It can be in the
offices and private companies form of a body with the Prime
without attracting penal action? Minister as the Chairman, the
Since it is the taxpayers money Union Ministers of Agriculture,
that has to be paid out, any Food, Health, Rural Development,
recommendations for their pay Finance and Environment as
hike should be kept in abeyance members and the Chief Ministers
until standards for their as co-opted members. The focus
performance are in place, can be directed with vision. I hope
implemented and evaluated as in the Prime Minister will take the
the case of employees of private initiative on this soon.
companies. The system of their pay V. Rajagopal,
hikes and benets should be Baltimore, U.S.
BG-BG
 www.jobsalerts.in
10 | EDITORIAL THE HINDU MONDAY, JULY 13, 2015
BENGALURU

Greece and its Eurogeddon

that they believe these free-market reforms
Despite the European Commissions can generate growth or are ardent believers of

T. Sabri nc
MONDAY, JULY 13, 2015
When Greeces governing and also radical left-
ist party, Syriza, won the Greek elections on
A welcome note, January 25, 2015, it formed a coalition with
the 13-seat nationalist Anel Party the next day
after falling two seats short of the 151 seats
with caution needed to form the government on its own.
But ever since the formation of the govern-
ment, the world has been watching the devel-
opments as it has been in negotiations with
n the recent past, India-Pakistan relations have
pronouncement of a Grexit scenario having been
in place, this seems unlikely. In all likelihood it
will be the euro that will suffer more and possibly
fall apart if Greece exits in one way or another
ery, creating excessively easy credit condi-
tions. Indeed, the primary drivers of these
impressive growth rates were this easy, cred-
it-fuelled, private consumption and govern-
ment spending. Unfortunately, a signicant
some religion which says they can. It could
also be that they have a different agenda.
Although Syriza is supposedly a coalition of
the radical left, what it has been asking from
the creditors has been hardly radical. Leaving
the euro in an unfriendly fashion and de-
25 per cent, youth unemployment is above 60
faulting on its debt have never been on its
cards. From the beginning it had stated that it
had no intention to leave either the euro, that
per cent, and the Greek debt to GDP ratio is
about 180 per cent.
is, the eurozone, or the EU. It has claimed that
it was for a Europe of the people, rather than
of the nance capital.
Reforms All it wanted was some breathing space to

I followed such a predictable pattern that even a

wholesome turn of events, as in Ufa this past
week, brings us to reect on it with more than a
smidgen of caution. The joint statement that followed
Narendra Modis meeting with Nawaz Sharif in the Rus-
sian town was clearly a breakthrough after months of
acrimony and passive-aggressive behaviour between the
two countries. The statement called for talks between
the respective National Security Advisers to discuss all
issues of terrorism, and steps to expedite the trial in the
26/11 Mumbai terror attacks cases. Other points in-
cluded the need for early meetings between representa-
tives of the border security forces and Directors-General
of Military Operations of the two countries, to help
address recurring incidents on the border. Clearly, the
emphasis laid in the joint statement on these points
signalled renewed sincerity on the part of Pakistans
civilian establishment towards Indias concerns. Signif-
icantly, Mr. Modi initiated the meeting in Ufa that led to
the thaw. Yet, it has to be noted that such icebreakers in
the recent past following actions and intentions at the
highest levels did not really lead to enduring bonhomie.
Of course, the Pakistani security establishment taking
a hawkish position and an upper hand in setting the
agenda for Indo-Pakistan relations has often left the
civilian government hamstrung in the past. Some of the
bottlenecks the lackadaisical approach to bringing the
masterminds of the Mumbai attacks to justice, and the
failure to take stringent action against anti-India terror
groups in Pakistan, for example are consequences of
the security establishments resistance to a thaw, and its
warped understanding of the issue of terrorism itself.
Since the time of the UPA government, India has gradu-
ally adopted a policy that has sought to engage with the
civilian government despite grievances over the contra-
dictions in Pakistans India policy owing to the overhang
of its security establishments views. This policy deliver-
ed limited benets; hostility had been brought to a
minimum level since the 26/11 terror attacks despite
incidents on the border. In the past year, additional
wrinkles were caused by the BJP governments knee-
jerk reactions, such as the cancellation of Foreign Secre-
tary-level talks following a meeting between Pakistan
High Commission officials in India and Hurriyat Con-
ference representatives. Following the Ufa meeting,
there are rumblings within Pakistan on the absence of
any reference to Kashmir in the joint statement, even as
the BJP claims a victory for the very same reason. It is
to be hoped that positive sentiments that follow a thaw,
which invariably deteriorate into theatrics owing to
narrow political reasons, can be avoided at least this
time around.
the European Commission (EC), the Europe-
an Central Bank (ECB) and the International
Monetary Fund (IMF) better known as the
Troika.
The Troika has been in charge of manag-
ing the ongoing Eurozone Debt Crisis that
started in Greece in May 2010 and represents
the international creditors of Greece.
Despite this, Syriza was in retreat in almost
every step of the negotiations. It eventually
became an unreliable negotiating partner in
the eyes of its negotiating counterparts who
nally made a take it or leave it offer on June
25, 2015. And the unexpected happened the
next day: the Syriza leader and Greek Prime
Minister, Alexis Tsipras, called for a referen-
dum to be held on July 5, 2015 to accept or
reject this offer.
Back to 2001
About 64 per cent of eligible Greek voters
participated in the referendum. In the end, of
the votes that were valid, 61 per cent were no
and 39 per cent were yes.
The problem with the referendum was that
not only had the Troikas offer already ex-
pired, but also consisted of two lengthy docu-
ments that were incomprehensible to most
voters. Indeed, on this expiry date, Greece
became the rst developed country to default
on the IMF as it failed to transfer 1.55 billion
by the end of the business day the single
largest missed repayment in the IMFs
history.
So, what did the voters reject? To answer
this, let us go back to 2001.
For a country of the European Union to
enter the eurozone, that country must meet
the criterion of the 1992 Maastricht Treaty on
debt levels and decit spending. Despite
meeting this with difficulty, through Wall
Street, particularly, with Goldman Sachs-as-
sisted creative accounting and nancial en- It was insolvent.
gineering, Greece entered the eurozone in
January 2001. From 2001 to 2007, the Greek
Gross Domestic Product (GDP) grew at an
impressive average rate of 4.3 per cent, com-
pared with the eurozone average of 3.1 per
cent. Incidentally, this period intersected
with the 2002-2007 monetary expansion in
the advanced capitalist countries of the cen-
tre. In search of high yields, private capital
started to ow from the centre to the periph-
CARTOONSCAPE
portion of the credit-fuelled government
spending was for non-productive purposes
such as the 2004 Athens Olympics and mil-
itary needs, notably on German ships and
tanks, which was about 3 per cent of the GDP
In return for these programmes, the Troika
demanded a variety of free-market reforms,
although they were named differently. What
was demanded in the name of scal reforms
was more and more austerity, that is, less and
put the countrys economy back on track to
meet the basic needs of the people for a mod-
est but decent life that they have been lacking
since the beginning of the ongoing depression
and to be able to pay a portion of their debt, all
in the period the highest in Europe. less spending by the government and house- of which is not payable under any condition.
Then came the Great Recession in the Unit- holds. Furthermore, the structural reforms
ed States, which lasted from January 2007 to asked for, among other things, cuts in retire- A coup
June 2009. Further, in June 2007, the ongo- ment and other social benets, further reduc- One of the tools Syrizas negotiating part-
ing Global Financial Crisis hit the U.S. When ing the purchasing power of households. In ners has used against Syriza has been the
Lehman collapsed in September 2008, both addition, under the rubric of privatisation to liquidity lines provided by the ECB to Greek
the nancial crisis and Great Recession be- increase efficiency, these reforms re- banks. Since, under the euro, Greece lacks a
came global. Under these conditions, the pri- quired Greece to put up its public assets for central bank that can provide liquidity to its
vate capital ow surge that started in 2002 sale to the benet of rentiers rather than to banks independently of the ECB, Greeces
from the centre to the periphery suddenly the benet of its rightful owners, thereby re- banks are in the hands of the Troika. If the
reversed in 2008. Both these events adversely ducing the income that could have been ECB pulls the plug and freezes the liquidity
affected not only the Greek economy, but also earned from their fair sale. lines to the Greek banks, not only will the
its ability to roll over its debts. Unlike non- The inevitable result of these reforms has Greek banking system crash, but also cause
eurozone peripheral countries with their own been deepening depression, because an econ- the Syriza government to collapse.
Indeed, any government in any country col-
lapses when the countrys banking system col-
Some believers of the neoclassical economic orthodoxy argue lapses. This is what I call an attempted coup in
Greece and it appears that the coup attempt is
that despite the government and households spending less, the still going on.
economy can pick up the slack, because production may A very civilized ultimatum to Greece
came from a special eurozone summit in Brus-
become more profitable under austerity This is just a myth. sels on July 7. Its message: Strike a new deal
with the eurozone creditors or face a banking
domestic currencies, Greece was unable to omy cannot grow if all of its sectors spend less collapse, a humanitarian emergency and the
devalue its currency and raise the interest and less, and instead earns a measly sum from start of an exit from the euro. The EC Presi-
rates to weather the storm. Soon, Greece the re sale of its assets. dent, Jean-Claude Juncker, even said, We
found itself in trouble. Some ardent believers of the neoclassical have a Grexit scenario prepared in detail,
economic orthodoxy argue that despite that meaning we know how we will kick Greece
The bailout the government and households spending out of the euro. I doubt that, and in all likeli-
Although Greece had managed to get away less, the economy can pick up the slack, be- hood it will be the euro that will suffer more
with dressing its balance sheet for years, the cause production may become more prot- and possibly fall apart if Greece exits in one
cosmetic treatment of the balance sheet be- able under austerity and labour market way or another, but this is what he said.
came evident in early 2009. When the Pa- exibility that is, there will be an obedient The deadline given to Greece to strike the
pandreou government that was elected in work force. However, leaving aside the fact new deal was July 9. Prior to that, however,
October 2009 stopped the exercise and re- that this is just a myth under current world- two moves came from the U.S., the major
leased the true numbers, it became evident historical conditions and the euro in the case shareholder of the IMF. On June 26, the IMF
that Greece was not suffering from illiquidity. of Greece because Greece cannot devalue its stated the obvious: that the Greek debt is not
currency to increase its exports this was not payable and has to be restructured. Then, on
Then, all hell broke loose and Greece ended what happened. The result is that many July 8, the U.S. Treasury Secretary, Jack Lew,
up in the mess that started in May 2010. Greeks are now lining up at soup kitchens, in and the IMF managing director, Christine La-
Since the onset of the crisis, Greece has scenes that are reminiscent of the soup kitch- garde a Franco-American front tried to
gone through two bailout programmes that ens of the Great Depression of 1929. increase pressure on Germany, the hegemon
were structured by the Troika: one in May It was these free-market reforms and the of the EU, to grant debt relief to Greece and
2010 and the other in March 2012. However, resulting misery that the Greek voters said help it avoid an exit from the eurozone. Even
despite these bailouts, Greece has been in no to. the French President, Franois Hollande, is
depression since the beginning of 2009. From Yet, the civilized Troika technocrats supporting Greece; the Italian Prime Minis-
its peak in 2008, the Greek GDP is now down many of them with doctorates from respect- ter, Matteo Renzi, is backing the Franco-
by about 27 per cent, unemployment is above ed Western universities either pretend American front.
On July 9, the Syriza made a nal counter-
offer. Many viewed this as absolute capitu-
lation because it differed from the June 25
Troika offer that the Greek voters rejected
only in two minor details, and which are not
even worth mentioning. Finally, on July 10,
the counter-offer was voted in the Greek Par-
liament and, to the dismay of many observers
siding with Greece, approved by a 251-mem-
ber majority out of 300, adding more to the

Mr. Rajapaksa confusion. What was the point of the referen-

dum then?
However, what was attached to the coun-

in the fray ter-offer that many overlooked was debt re-

lief, which has been off the table since the
beginning. After the landslide no to the June
25 offer by the Troika in the July 5 referen-
ormer Sri Lankan President Mahinda Rajapak- dum and with the backing of the U.S., France

F sas decision to contest the parliamentary elec-

tions in August has come hardly as a surprise.
Ever since he was unexpectedly defeated in the
presidential election in January 2015, he has been rally-
and Italy, Syriza is now stronger than ever.
Now, the ball is in the court of 18 of the 19
German-led eurozone member-states exclud-
ing Greece. As on July 12, a day after the
completion of this article, they were still dis-
ing his supporters in an apparent comeback bid. As cussing whether to keep Greece in the eu-
President Maithripala Sirisena dissolved Parliament rozone. And if they do decide to keep Greece
and announced elections, Mr. Rajapaksa has seized the in, how much debt relief will they grant to it?
opportunity. What is intriguing, however, is the immedi- They may still kick Greece out the euro-
ate decision of the ruling United Peoples Freedom Alli- zone, but the world is watching.
(T. Sabri nc is a co-founder of SoS
ance (UPFA), which is formally led by Mr. Sirisena, to Economics in Istanbul. He has worked inter
nominate Mr. Rajapaksa as its candidate. Mr. Sirisena, alia as Senior Economist for UNCTAD and as
who headed a combined Opposition campaign led by the Head of Research at the Reserve Bank of
United National Party (UNP) to defeat Mr. Rajapaksa in Indias Centre for Advanced Financial
January, has remained silent on this. But UPFA general Research and Learning.)
secretary Susil Premajayantha has said Mr. Rajapaksa
will be the leader of the election campaign with the
blessings and advice of President Sirisena. Mr. Sir-
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

isenas critics see this as a signal that he has capitulated

to pressure from the Rajapaksa faction in the alliance.
Though Mr. Sirisena officially took the leadership of
both the UPFA and the Sri Lanka Freedom Party
(SLFP), the dominant constituent in the coalition, he
has not been able to gain full control over either. A major
section of the SLFP remains loyal to Mr. Rajapaksa and
considers him the best bet in the parliamentary polls
against a resurgent UNP under Ranil Wickremesinghe.
In the rst six months of his government, Mr. Sirisena
has struggled to hold the party and alliance together.
Most of his plans to undo the Rajapaksa legacy met with
resistance from his own MPs. Even the constitutional
amendment limiting the powers of the presidency, seen
as a big legislative victory for the President, was watered
down in the face of opposition from UPFA lawmakers.
This shows the President is either too pliable or not fully
committed to the promises he made during the cam-
paign. He had promised to build reconciliation. His lack
of resolve and authority has upset some of his allies and
opened avenues for his opponents. Mr. Rajapaksas like-
ly return to Parliament should be seen against this
background. Although his brand of Sinhala nationalist
politics suffered a setback in the presidential polls, it is
still popular among the Buddhist majority. Going by his
speech announcing the candidacy, where he accused the
government of undermining national security and
supporting terrorists, the former President will bet on
that political plank. This could pose fresh demands be-
fore Mr. Sirisena and on his reform promises. Sri Lank-
as post-war challenges are huge. Though the army won a
brutal war over Tamil rebels six years ago, the political
and ethnic wounds remain. The countrys future lies in
ensuring a path of lasting reconciliation on all fronts.
CM
YK
A package for J&K
The sensitive state of Jammu and
Kashmir needs all possible
assistance from the Centre (July
12). But the main issue of concern,
and which needs to be a priority, is
security. Setting up IIMs and IITs,
roadways, enabling education,
health and power will mean little as
long as disturbance prevails at all
times. In addition to this, the
Centre must have a blue print for
all projects. I remember Minister
P. Chidambarams announcement
of Rs.60,000 crore to address
farmers woes some years ago, and
announced with fanfare, but what
is its progress? Finally, the UPA
and the NDA must not ght over
the issue and try to score points.
Balasubramaniam Pavani,
Secunderabad
No toilets for women
The article, In India, no toilets for
women (July 11), is one of the
most thought provoking ever on
the pain and sufferings women in
rural India undergo. It is strange
that we are a $2 trillion economy,
but cannot ensure that our women
have a toilet. In trying to keep them
happy, we fail to acknowledge a
simple fact that with open
defecation, their privacy and
modesty can be in grave danger.
Navjot Thakur,
New Delhi
Indian men lack what is called
emotional literacy, which is
particularly lacking in rural men. I
question the humanity of those
members of Parliament who create
a series of plans but never seem to
think of the plight of women in
rural India. Is there any thought
given to womens health, their
modesty, safety and hygiene?
Malavika Manoj,
Kannur
In my village in Kurnool district,
there are instances where toilets
have been built but the womenfolk
are still unwilling to use them.
They have been found to practise
open defecation. The issue seems
to be about creating awareness as it
concerns their privacy and health.
Nukala Mounika Rao,
Kurnool, Andhra Pradesh
Arindam Chakrabarti may have
poignantly brought out the travails
of the Indian woman in rural India,
but there is an element of irony too.
I have rented out a portion of my
house in Pittada village in Andhra
Pradesh to a family from the same
village. I specically advised them
to use the toilet, which has a
squatting pan and running water,
and not to go to the river nearby to
defecate. It has only fallen on deaf
ears. Old habits die hard.
K. Nehru Patnaik,
Visakhapatnam
Even though I agree with the
points expressed in the article, I
wonder why no thought has been
spared for our men in rural India
who I believe are entitled to the
same right of use to a toilet.
Irrespective of the gender, open
defecation is not only a shameful
act from an individual perspective,
but is also a measure of the
progress of a society. The very fact
that there are still a large number
of people who defecate in public
speaks very poorly of our countrys
development agenda. Policies
regarding this should not only be
considered from the perspective of
health and hygiene but also from
the point of view of every being
having the right to defecate in
privacy.
Ruby Rajendran,
Chennai
Ufa takeaways
India needs to have a clear stand on
how to take up the issue of the
Mumbai attack and trial with
Pakistan (The Ufa takeaways and
reason for hope, July 11). On the
one hand, it appears to be
expressing condence in the ability
of the Pakistan government to
produce voice samples while on
the other, it is trying to corner it for
supporting terror elements and
allowing its soil to be used to wage
war against India. India needs to
explore different diplomatic routes
to deal with Pakistan as far as
terrorism and border conicts are
concerned. They should not be
clubbed together thus not allowing
differences over one issue to derail
the entire peace process.
Ankit Khurana,
New Delhi
127-crore Indians
For the past two decades,
demographers have generally
agreed that global population
growth will continue raising
concerns about everything from
pollution control, food, climate
change, and housing to the worlds
water supplies (Indias population
crosses 127-crore mark, July 12).
By 2050, our population is
expected to reach 1.7 billion, which
will then be equivalent to nearly
that of China and the U.S. put
together. A fundamental question
then is can India feed its 1.7 billion
people well? It is well known that
overpopulation is the unspoken
driver of environmental
destruction. Rising numbers with
only a nite supply of resources
would demolish our way of living.
We will live in a way that will have
scant regards for native ora and
fauna. Climate change is due to
human intervention. Rising
consumption is a much bigger
threat to the planet than
population growth. The innite
aspirations of humanity in the new
age of Anthropocene have to merge
with the nite limits and
limitations of our planet.
H.N. Ramakrishna,
Bengaluru
Sepoy Revolution
Historians have shown a partisan
attitude towards the rebellion that
took place in the Vellore fort in
Tamil Nadu in July 1806, robbing
the event of its rightful place in
history as the rst war of
independence against the British
(Some editions, Briey, July 11).
The theory that the event of 1857 is
the rst mutiny sounds far-
fetched. The Indian Council of
Historic Research should look into
the events of the Vellore revolt of
1806. Precisely 209 years ago,
Indias disgruntled sepoys rose in
rebellion against the British East
India Company over pay, perks and
the introduction of a new headgear
that worked against their religious
beliefs. The Indian sepoys attacked
the British garrison, leaving 14
British commanders and 100
soldiers dead. The British regiment
launched a counter-attack, killing
more than 350 Indian sepoys. I
think the ICHR should prepare a
historiography of 209th
anniversary of the revolt to
determine if it really is Indias rst
war of independence.
Kangayam R. Narasimhan,
Chennai
BG-BG
 www.jobsalerts.in
10 | EDITORIAL THE HINDU
BENGALURU

TUESDAY, JULY 14, 2015

Built on hype, deflated by reality

system that the International Atomic Energy
The Indo-U.S nuclear deal and its much- Agency (IAEA) has approved and applied to

Brahma Chellaney
TUESDAY, JULY 14, 2015
Unveiled with great fanfare on July 18, 2005,
the Indo-U.S. nuclear deal was touted as a
Get-together of major transformative initiative. But on its
10th anniversary this week, its much-adver-
tised energy, technological and strategic ben-
the separatists ets for India still seem elusive. Indeed, the
deal has yet to be commercialised. The prem-
ise on which it was founded that India
t will be too easy to read major political intent into could build energy security by importing
advertised energy, technological and strategic
benefits for India still seem elusive. Given the
heavy political investment in it, the returns seem
to be little and one-sided
ation anywhere in the world. The accident-
stricken Fukushima reactors, in Japan, were
also the rst of their kind.
Adding to Indias risks from the proposed
import of prototype models is its plan to
serve as a sobering lesson for India: GE built
or designed the three Fukushima reactors
that suffered core meltdowns; yet, despite a
fundamental design deciency in the reac-
tors, the U.S. rm escaped penalties or legal
Indias civilian nuclear programme. In other
words, an elaborate bilateral safeguards sys-
tem, on top of IAEA inspections, in which
India will separately track and account for
nuclear materials by ag (that is, by each
national origin).
Going back on commitments
For its part, the U.S. has reneged on several
of its 2005 commitments. Gone is the pre-
tence of Washington extending India full
nuclear cooperation or granting it the same
benets and advantages as other leading

I an Iftar meeting hosted by the separatist leader of

the Tehreek-e-Hurriyat, Syed Ali Shah Geelani,
which also saw the presence of other separatists
such as Mirwaiz Umar Farooq of the Hurriyat Confer-
ence and Yasin Malik of the Jammu Kashmir Liberation
Front. The leaders, after all, reportedly called the meet-
ing as Unity Phase I. Considering that such groups
have various denitions of separatism and have signif-
icant differences in their approach towards Kashmiri
nationalism, such a reading on the basis of political unity
would be inaccurate. It is clear that the near-term rea-
son for various separatist leaders meeting is a common-
ality of interests. First is the alleged threat from the
obscure militant organisation that calls itself the Lash-
kar-e-Islam and whose targets included lower-rung
Hurriyat activists. Second is the call from the militant
and Pakistan-based leader of the United Jihad Council,
Syed Salahuddin, for unity among separatists. The third
is the fact that there has been a lull in separatist activity.
This is in contrast to perceptions of more wind in the
sails of the State government led by the Peoples Demo-
cratic Party in alliance with the Bharatiya Janata Party.
The signicant turnout in last years elections and the
massive package now announced by the Central govern-
ment for development in Jammu and Kashmir are clear-
ly points of concern for the separatists.
That said, there are several differences within the
separatist ranks that cannot be overlooked even if they
have seemingly buried the hatchet and met at a social
gathering. These persisting differences, which came to
the fore even during the intense and nearly spontaneous
protests in 2008, relate not just to ideology but also to
questions related to leadership and tactics. Separatists
belonging to the JKLF stream, for example, have clearly
opposed the pro-Pakistan agenda of Mr. Geelanis outt
and his supporters and rejected his claims of leadership
of the separatist movement. There are few takers within
the separatist stream in the valley for Mr. Geelanis
agenda of Kashmirs merger with Pakistan. The slogan of
azaadi itself has several nuances and meanings, not all of
them related to the demand for self-determination. An-
other common thread among the separatists is their
dismay over the resumption of India-Pakistan high-
level talks following the joint statement in Ufa without
any explicit mention of Kashmir. That said, the renewed
potential of the separatists, working together, to create
trouble for India should not be underestimated. While
the Indian government has done the right thing in seek-
ing to address its immediate concerns with Pakistan,
which Islamabad has rightly sought to work toward in
the joint statement, it would be prudent on the part of
both to keep talking about Kashmir in the background, a
process that has paid dividends in the past.
Two greats,
one tournament
here are moments in the careers of sportsper-
high-priced, foreign fuel-dependent reactors
was, in any case, a pipe dream.
The deal, given the heavy political invest-
ment in it, will eventually be operationalised,
however belatedly. It will take a minimum of
10 years thereafter for the rst nuclear power
reactor under the deal to come online. After
all, the international plant construction time
frame, with licensing approval, now averages
at least a decade, with the vast majority of
reactors currently under construction in the
world plagued by serious delays and cost
overruns.
Delays and challenges
For example, the Areva-designed plant in
Finland, on Olkiluoto Island, is running at
least nine years behind schedule, with its cost
projected to rise from 3.2 billion to 8.5
billion. The Russian-origin plant at Kudan-
kulam, in Tamil Nadu, took 13 years to be
completed, with the second of its two reac-
tors yet to be commissioned. In this light, the
deal is expected to deliver its rst commis-
sioned reactor a generation after being
signed.
But if reactor imports are to be governed
by technical and commercial viability, as
Prime Minister Narendra Modi has declared,
not a single contract would be feasible. The
stalled negotiations with Areva over the price
of power suggest that the deals commercial-
isation would be dictated neither by tech-
nical nor commercial viability but by the
extent to which India is willing to fork out
subsidies to support high-priced imported
reactors of a kind that do not even mesh with
its three-phase nuclear power programme.
Indeed, it is a moot question whether the
deal will ever yield substantive energy bene-
ts, given the exorbitant price of foreign-
origin reactors, the concomitant need to
heavily subsidise electricity generated by
such plants, and the grass-roots safety con-
cerns over the Fukushima-type multi-plant
nuclear parks that India has earmarked for
Westinghouse, GE-Hitachi and Areva, each
of which is to sell prototype Light Water
Reactor (LWR) models presently not in oper-
CARTOONSCAPE
induct a multiplicity of different LWR tech-
nologies from the United States, France and
Russia. Given the several different reactor
technologies already in operation or under
development in India, such imports will like-
ly exacerbate the countrys maintenance and
safety challenges.
Issue of liability
The Indo-U.S. deal with its many twists
and turns has hogged the limelight at vir-
tually every bilateral summit. The deal took
centre-stage even during U.S. President Ba-
rack Obamas January 2015 visit to India. In
its arduous journey toward implementation,
the deal has spawned multiple subsidiary
agreements. Each auxiliary deal has been Economics of nuclear power
hailed by an overzealous New Delhi as an The nuclear power dream has faded glob-
important breakthrough and a diplomatic ally. The crash of oil and gas prices, coupled
The U.S. actually worked with its Congress and the Nuclear
Suppliers Group to bar exports of what India really needs
civilian enrichment and reprocessing equipment and technology,
even though such transfers would be under global safeguards.
success, regardless of the concessions it had
to make or the new obligations thrust upon it.
Indeed, it has employed smoke and mirrors
to camouage its concessions.
Consider the latest breakthrough an-
nounced during Mr. Obamas visit: India
agreed to reinterpret its own law so as to
effectively transfer the nuclear-accident lia-
bility of reactor vendors to Indian taxpayers.
India is also reinterpreting a provision of
domestic law in order to bar victims of a
nuclear accident in India from suing for dam-
ages in America.
Does this yielding indicate that India has
learned anything from its bitter experience
over the 1984 gas leak from an American-
owned chemical plant in Bhopal that killed
about as many people as the Fukushima di-
saster? Indeed, Japans law, which indemni-
es reactor suppliers and makes plant
operators exclusively and fully liable, should
action after the disaster.
Supplier liability is a well-established legal
concept, applied in many business sectors
around the world to deter suppliers from
taking undue risks. In fact, U.S. law allows
suppliers, designers and builders of nuclear
plants to be held legally liable in the event of
accidents, although the 1957 Price-Anderson
Act channels economic liability, but not legal
liability, to operators. Internationally, how-
ever, America has pushed an opposite norm
that importing countries channel all liabil-
ity to their plant operators and limit all
claims to the jurisdiction of their own courts
so as to free suppliers of any downside risks.
with skyrocketing reactor-construction
costs, has made the economics of nuclear
power more unfavourable than ever. Few
new reactors are under construction in the
West, with the troubled nuclear power in-
dustry desperate for exports. Even as the
global role of nuclear power appears set to
become marginal, India stands out today as
the sole country wedded to major reactor-
import plans.
Surprisingly, Mr. Modi has placed the nu-
clear deal, like his predecessor, at the hub of
the relationship with America. Washington
has long pandered to the Indian weakness for
the deals consummation, with its decade-
long negotiations characterised by shifting
goalposts.
It made the Modi government yield some
ground even on its demand that India accept
nuclear-material tracking and accounting ar-
rangements that go beyond the safeguards
countries with advanced nuclear technology,
such as the U.S. Gone also is the original
agreement that India would assume the
same responsibilities and practices as
America. Instead of meeting its commitment
to adjust domestic laws and guidelines of
U.S.-led multilateral regimes to enable full
civil nuclear energy cooperation and trade
with India, the U.S. actually worked with its
Congress and with the Nuclear Suppliers
Group (NSG) to bar exports of what India
really needs civilian enrichment and re-
processing equipment and technology, even
though such transfers would be under in-
ternational safeguards.
Consider another issue: Years after the
U.S. pledged to bring India into the four
American-led technology-control cartels
the NSG, Missile Technology Control Re-
gime, Australia Group and Wassenaar Ar-
rangement India is still pleading for its
admission, with Mr. Obama in New Delhi
merely reiterating Americas support for In-
dias phased entry into these groups. In
anticipation of membership, India had large-
ly harmonised its export controls with the
guidelines of the four cartels. It is now ling a
formal application for admission to each re-
gime, in the hope that the U.S. would be more
forthcoming in its support than it has been so
far.
Reality check for India
Even in the event of India being admitted
to the regimes, the technology controls it still
faces will not go away. These regimes are
designed to harmonise export policies, not to
promote technology trade among member-
states. Despite the vaunted U.S.-India De-
fence Technology and Trade Initiative, the
U.S. side refused early this year to accept any
of the six joint high-technology projects pro-
posed by India, insisting that New Delhi rst
sign foundational agreements on military
logistics and communication interoperabil-
ity that America has designed for its allies in a
patron-client framework. The four joint pro-
jects announced during the Obama visit were
for relatively modest defence products.
The key fact is that U.S. non-proliferation
policy has yet to treat India on a par with
another nuclear-armed country outside the
Nuclear Non-Proliferation Treaty fold
Israel.
Against this background, why an import
deal to generate an increasingly expensive
source of energy critical to Indian interests
but has never been elaborated by deal push-
ers in India? They have peddled only beguil-
ing slogans, such as End of nuclear
apartheid against India and A place for
India at the international high table. India
would be foolhardy to saddle its taxpayers
with uneconomical reactor imports, making
the Enron dud look small. Indias diplomatic
overinvestment in the deal has already made
it harder for it to address more fundamental
issues with the U.S., including an increasing-
ly one-sided defence relationship.
It is past time for India to reduce the sa-
lience of the deal in its relations with Amer-
ica. Without being weighed down by the
nuclear-deal millstone, India would be better

T sons where they shift levels, repositioning

themselves from being extremely good, to
signalling they are among the games greats or
that they will be in the course of time. Novak Djokovic
placed to forge a closer, more balanced part-
nership with Washington. The warming U.S.-
India relationship has gained momentum in-
dependent of the deals future.
(Brahma Chellaney, professor of strategic
did this at Wimbledon 2015, winning his third title and studies at the Centre for Policy Research, is
ninth Grand Slam, surpassing Andre Agassi, Ivan the author, among others, of Nuclear
Lendl, Jimmy Connors and Ken Rosewall. He is just Proliferation: The U.S.-India Conict.)
two short of the 11 won by Bjorn Borg and Rod Laver,
which is well within his reach and heaven knows
there may be a few more along the way. In the nal, he
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

and Roger Federer, who was in the form of his life right
through the tournament, were locked in two extraordi-
narily tight sets, before Djokovic stamped his dom-
inance on the match and won in four. The tall Serb
lacks the innate and almost reexive genius of Federer,
who can produce tennis strokes that are surreal, defy-
ing both convention and the laws of physics. But what
he has in full measure is a complete all-round game
anchored by a rst-rate serve and an outstanding re-
turn of serve that he uses to remarkable effect to
constantly chisel away at the opponents defences and
wear him down. Djokovic rarely wins by blasting his
opponents out of court but by enfeebling them, using
his elasticity and resolve to return pretty much every-
thing thrown at him. Over the last three years, few
players have been able to withstand the relentless and
unforgiving nature of the Djokovic game.
If one man took a step towards greatness, this Wim-
bledon saw a woman strengthening her claim to being
the greatest woman tennis player of all time. Serena
Williams won her 21st Grand Slam when she defeated
dark horse Garbine Muguruza in straight sets to hold
up the Venus Rosewater dish once again. She remains
just short of Steffi Graf (22nd), but on current form she
has a more than fair chance of equalling it at next
months U.S. Open a victory that will earn her a
calendar year Grand Slam, last won by Graf in 1988.
True, Margaret Court won as many as 24 Grand Slam
singles titles, and while there is no taking away from
her greatness, the fact is that some of these were logged
in the amateur era; moreover, almost half came at the
Australian Open in which many women players chose
not to contest at the time. Williams has redened the
meaning of power in the womens game no one has
served the ball as consistently hard as she has and very
few have the power to out-hit her, as Maria Sharapova
discovered yet again in the semi-nal. Wimbledon
2015, above all, was about two great champions: Djo-
kovic and Williams.
CM
YK
On defamation
The stand taken by the BJP-led
government at the Centre before
the Supreme Court of India that
defamation should be treated as a
penal offence is disappointing (July
13). Freedom of speech and
expression are the cornerstone of
every democracy and need to be
preserved and protected by
democratically elected leaders. We
live in a period where a tolerance of
dissenting opinions by the powers
that be is decreasing by the day.
Under these circumstances, the
very archaic provisions of the IPC
treating defamation as a criminal
offence do not deserve a place in our
vibrant democracy and need to be
repealed sooner than later.
M. Jeyaram,
Sholavandan, Tamil Nadu
No toilets for women
A young girl committing suicide in
Jharkhand in protest against the
lack of a toilet is a blot on our
nations claim of becoming an
economic superpower soon (July
11). On one hand, we have Indian
men visiting the shrines of
goddesses, but on the other ignoring
a very basic right of the Indian
woman. Women place their life and
dignity at risk when they go out to
relieve themselves. Coining fancy
slogans for campaigns like Beti
Bachao will not work unless our
politicians develop a strong will to
ensure the rights of women.
Tarunendu Singh,
Patiala, Punjab
The bold step in arguing for an Europe and the ASEAN region. titles along with two players of the
After working in the eld of alternate vision for India, and one Also, the BCIMcorridor will boost same country. In the end, three
sanitation in rural Odisha for quite that is not entrenched in neo-liberal trade relations with Bangladesh and titles for India in one Grand Slam is
a while, I can say with conviction economic ideas, also poses Myanmar and enable the North- spectacular.
that building only toilets without questions to us Indians (Why East to develop its untapped R. Ganesh,
focussing on the availability of poverty is developments best resources, chiey hydro power. This Chennai
water, would do no good. In such friend, July 13). Yes, we are young will also promote provincial contact
instances, toilets were hardly used. and aspirational and need between the two countries. Sepoy Revolution
I found that they were used to store development, but at what cost? The However, India stands to lose quite This refers to the letter (July 13) on
rewood. signs of this cost of neo-liberal a lot too. In the case of a war, China the Sepoy Mutiny. While historians
Priyvrat, development are everywhere can mobilise its troops with ease may have shown apathy towards the
Ganjam, Odisha Greece was told to aspire but is now and put India in a difficult position Vellore Fort Rebellion of 1806, they
paying for it, there are of ghting a two-front war. Second, certainly did not endorse the 1857
It is an irony that in a land that pronouncements that the new if China has a railway presence in event as the rst war of
dreams of digitalisation and economic order is a form of Chumbi valley, it can target the independence. The subject has
ushering in bullet trains and smart colonialism, and heads of central Siliguri corridor and cut off the made its fair share of rounds in
cities, a basic need such as toilets for banks are unable to logically explain North-East. It is imperative that academic circuits for far too long
its poor women is still an the workings of the worlds markets India develops connectivity in the now. The term rst war of
unattainable, distant dream. I was and resort to strange metaphors as border areas of the North-East independence was accorded to the
once attending a course on social explanations. Amid all this, there is since India has a disadvantage in 1857 event by V.D. Savarkar for
forestry and the guest faculty the big moral question that begs an terms of terrain and accessibility furthering the cause of the Indian
rightly lamented that ours is a answer. Why growth? What do an advantage fully exploited by National Movement. To call an
country where we prefer to governments and markets China. Also, since the roads are very event a national war of
consume food in private while we ultimately mean to their citizens? likely to be all-weather roads, a independence should entail a
feel no shame or embarrassment to Unfortunately, even this idea has Chinese threat will be omnipresent. denite plan, organisation and
relieve ourselves in the open. In been subsumed into mainstream There will also be a refugee crisis course of action, all of which were
another incident, I once economic thought as Gross ifTibetans are forced to ee. lacking in 1806 and 1857. The story
participated in a wedding ceremony Happiness Product and Green Akshay Viswanathan, of an uprising against the British
in a village. As there were not GDP. The Slovenian thinker, Thiruvananthapuram goes beyond 1806, which includes
enough toilets for the guests to use, Slavoj Zizek, was right when he said the uprising of the Chuars of
it was suggested that those who did modern capitalism mandates that Fairytale finish Nanbhum and Bharabhum in 1768,
not mind should relieve themselves With fantastic victories in the
the obscenities it creates poverty, the revolt of Kattabomman of
in the open. When I questioned the inequality, womens doubles by Sania Mirza on
environmental Tirunelveli in 1792, the Paik Revolt
unhygienic practice, I was Saturday and by Leander Paes in the
degradation be kept away from it (1804-1806) in Orissa and countless
countered by the remark: Dont mixed doubles and young Sumit
for its continuing growth. subaltern movements. According
animals defecate in the open? Does Akshay Surendra,
Nagal in the boys doubles on any such event the status of the
it not pollute the world? My reply: Chennai
Sunday, it has been a great year for rst would be doing historic
True. But animals do not stalk and Indians at Wimbledon (July 13). I injustice to the struggles that our
stare at other animals while they Integrating Tibet dont know how many people would people have had against the British.
With China using the Belt and have even heard of Sumit Nagal
relieve themselves. I was not sure The politically correct term for the
Road initiative and BCIM corridor before this achievement. And it
whether I drove home the point. 1857 event would be popular
Sivamani Vasudevan,
to developTibet, it can be safely must be a double delight for uprising. One has to support the
Chennai
said that India stands to make gains Martina Hingis, a great champion need for further academic research
and losses. The gains are that India and a proud record for her as well, as into such events to further our
Development talk will have easy access to markets in a player of one country to win two understanding of our history.
Vysak Sasikumar,
Thrissur
BG-MY
 www.jobsalerts.in
10 | EDITORIAL THE HINDU
BENGALURU

WEDNESDAY, JULY 15, 2015

Where is the caste data?
M. Vijayanunni
WEDNESDAY, JULY 15, 2015
In August 2010, Finance Minister and head
of the Group of Ministers, Pranab Mukher-
A remarkable jee, made a reassuring statement in Parlia-
ment on behalf of the government of India,
that there would be no need for apprehen-
achievement sion about the caste census as there was po-
litical consensus on it. Further, the caste
census would be carried out during the
atters of peace and diplomacy in West Asia house-to-house census enumeration phase
By abdicating its responsibility to conduct the
caste census and turning it into a poverty-cum-
caste survey, the previous dispensation at the
Centre made the exercise casual and perfunctory.
This has been proved by the way the survey has
turned out
In the Parliament session on March 1,
2011, leaders of all political parties raised the
strong demand to include various socio-eco-
nomic questions in the proposed caste cen-
which conducts censuses regularly, the state
government has no experience of organizing
such an exercise or deploying and training
the huge number of personnel required for
the caste name entered and without any oth-
er detail being available these were sub
caste name, occupation, whether backward
as per the denitions, and with the caste
name often misspelt or phonetically mispre-
sented it would have been impossible to
make a distinction between similar-sound-
ing caste names and to correctly identify or
classify the tens of thousands of caste entries
in a multitude of languages from across the
country. After years of sitting on it, the Office
of the Registrar General of India (ORGI)
would only throw up its hands, express its
inability to generate any caste tables and say
that nothing could be done with this highly
defective data. This is precisely what has hap-

M have hardly been coming up in news head-

lines of late. But the nuclear deal reached
on July 14 between Iran and six world
powers is a historic step forward that solves an over-a-
decade-long stand-off between Iran and the West. It
sets the stage for a radical realignment of equations in
West Asia, and has the potential to transform the con-
ict-ridden region in the long term. The credit goes to
U.S. President Barack Obama and his Iranian counter-
part, President Hassan Rouhani, who put aside histor-
ical acrimony, sidelined the hardliners, took a
pragmatic view of ties and pushed hard for a deal. As
the details emerge, the agreement looks like a win-win
deal for all sides. Under its terms, sanctions imposed
by the U.S., the European Union and the UN would be
lifted, in return for Iran agreeing to long-term curbs on
its nuclear programme. All of Irans nuclear facilities
would be allowed to continue operations. This provi-
sion will let the Iranian government sell the deal to its
public, pointing out that its right to generate nuclear
energy stays intact. Tehran has also agreed to a snap-
back mechanism, under which some sanctions could
be reinstated after 65 days if it violated the deal. A UN
weapons embargo would remain for ve years and a
ban on buying missile technology for eight years.
But the real potential of the deal lies in the fact that it
removes the greatest obstacle for a rapprochement
between Iran and the U.S. Though both sides have said
the talks were related strictly to the nuclear pro-
gramme and not other bilateral issues, the diplomatic
warmth shown by these erstwhile enemies over the
past few years is hardly lost on anyone. The changing
geopolitical dynamics of West Asia have also played a
major role in bringing the U.S. and Iran together. Both
are cooperating in Iraq in the war against Islamic State.
Iran, though hit hard by sanctions, is a major power in
West Asia whose inuence spans from Baghdad and
Damascus to southern Lebanon. If the U.S.-Iran hostil-
ity could be transformed into cooperation, and Tehran
is allowed to claim the economic and diplomatic status
it deserves, that could have a positive impact on several
conicts in the region. That should be the obvious next
step after the nuclear deal. But there are challenges,
too: powerful sections, including the Republicans in
the U.S., hardliners in Iran, and the Israelis and Saudis,
remain steadfastly opposed to a U.S.-Iran rapproche-
ment. The journey so far has not been easy. If Iran and
the big powers continue to show the will and the com-
mitment they have demonstrated during the talks, the
goals of the deal will be achievable.
in February 2011, and not at the biometric
camps as was apprehended. It was a wise and
welcome statement.
But a month later, the government went
back on this assurance to conduct the caste
census during the census enumeration phase
in February 2011. The Union Cabinet also
decided on September 9 of the same year that
a separate caste census would be conducted
from June to September 2011 and that the
Census Commissioner of India would con-
duct the eld operations. This announce-
ment was made by the Home Minister, P.
Chidambaram, who was in charge of the
census.
Diffusion of responsibility
The government went back on this cabinet
decision also with the cabinet deciding in
May 2011 that it would be a poverty-cum-
caste survey not a census under the Census
Act though grandiosely christened with
the misnomer Socio-Economic and Caste
Census (SECC) 2011, to be conducted during
June to December 2011. It would be done by
the State governments, and not by the Cen-
sus Commissioner of India, and the well-
equipped, well-organised and well-experi-
enced all-India census machinery under the
statutory empowerment of the provisions of
the Census Act, 1948.
The collection of data on poverty was to be
undertaken by the 35 different States and
Union Territory administrations. The Union
Rural Development Ministry was to do this
for the rural areas, and the Union Housing
and Urban Poverty Alleviation Ministry for
the urban areas. But these ministries would
have no responsibility on caste data collec-
tion. Nor was there any responsibility or in-
volvement for the Registrar General of India
in the formulation and implementation of
this survey and the overseeing of the part of
its caste data collection as it is not under the
Census Act. This multiplicity of agencies and
diffusion of responsibility would wreak ha-
voc with the efficiency of the operations and
the quality of the caste data collected.
CARTOONSCAPE
sus in order to make it fully useful and
productive. Sensing the mood of the house,
Mr. Mukherjee, who was also the chairman of
the Group of Ministers on caste census, in-
tervened and pacied the leaders. He re-
quested them to submit their suggestions on
the other socio-economic questions to be in-
cluded in the caste census questionnaire.
This was done immediately thereafter as a
common letter signed by all leaders.
Air of indifference
Instead of acting on this joint request, the
government did a volte face by abandoning
its own cabinet decision to conduct a caste
census by the Census Commissioner of India.
Instead, it came up with the decision to club
Even now, in 2015, no caste data has emerged out of the
Socio-Economic and Caste Census 2011. The government is
silent on the progress of the collection, collation and
tabulation of the data and the schedule for its publication.
it with the poverty survey and foisted it on
the State governments.
As Census is a subject under the Union List
of the Constitution, it is the exclusive respon-
sibility of the Government of India to con-
duct the caste census. It cannot seek to
abdicate its responsibility by shifting it on to
the State governments, which is unconstitu-
tional and contrary to the federal principles
of the countrys polity.
It was clear to me that this would make the
entire exercise casual and perfunctory with
an extremely high rate of coverage omission.
This has been proved right by the way this
poverty-cum-caste survey has turned out.
The Congress-led Kerala government had
already given an indication of this problem. A
report in this daily, on July 11, 2011, and
citing a senior State government official said:
the state government is quite unprepared
for conducting the census given the enormity
of the task. Unlike the census department
this operation.
Controversy and disputes
The poverty survey itself was soon court-
ing controversies and embroiled in disputes,
with many States not agreeing with the Cen-
tre on the criteria for drawing up the poverty
line, the xing of an arbitrary cap of 46 per
cent on poverty in the rural population by the
Planning Commission, and the disapproval
of the Supreme Court on placing a cap on the
poverty list. It was not the appropriate oper-
ation to carry out data collection for a com-
plex, sociological phenomenon like caste
along with the obligatory socio-economic pa-
rameters of each caste to serve as the bench-
mark database for a decade for various
sectors of public policy.
Just knowing how many people in each
caste were Below Poverty Line (BPL) and
Above Poverty Line was not socio-economic
proling of all caste population as claimed
by the government spokesman who an-
nounced the new cabinet decision. And this
would not discharge the Union government
from its statutory obligation to collect full
and quantiable caste-wise, socio-economic-
educational data as required by the Supreme
Court.
Apart from mere caste-wise population
numbers, in order to determine the back-
ward classes and castes as per the Constitu-
tion of India, it was (and is) essential to
collect the data required for determining so-
cially and educationally backward classes
(Article 15), and the data relating to the rep-
resentation of the castes in the services un-
der the State (Article 16).
As for caste data collection, with merely
pened. The ORGI is now said to be just for-
warding the collected caste returns to the
respective nodal ministries for Scheduled
Castes and Scheduled Tribes in the govern-
ment of India viz. the Ministry of Social Wel-
fare and the Ministry of Tribal Affairs.
The Kerala parallel
In January 2013, reports in Kerala said
that the socio-economic and caste census
would have to be redone in at least 25 per
cent of the enumeration blocks due to exten-
sive errors that occurred in the original enu-
meration done during April-May 2012. In
addition, even in the other blocks, the col-
lected data would have to be rechecked thor-
oughly for accuracy due to large-scale
omissions of households and heavy coverage
and content errors.
The next procedure prescribed was that
the draft lists prepared, based on the eld
enumeration, should be published in the
panchayats and block offices inviting com-
plaints and objections, but which did not take
place as scheduled. More than 15 months
after the scheduled completion of the survey,
reports came in, in August 2013, that the
draft lists had not even been prepared. Sub-
sequently, it was reported that the govern-
ment of India had prescribed that the States
should complete the SECC by August 2014,
failing which no further Central funds would
be provided for it.
News reports in October 2014 indicated
that in Kerala, the lists could not be proceed-
ed with because they were found to be defec-
tive though the draft list had been
published in July 2014 with over 30 lakh
complaints and objections having been re-
ceived from the public from all over the State.
As a result, the survey had to be abandoned
midway as incomplete without nalising any
data.
At the time of launching the SECC, the
announcement made by the government of
India was that the caste data entered in the
schedules would be uploaded to ORGI at Del-
hi for further processing. I could see that this
was a patently unworkable proposition be-
cause no scrutiny or handling of the data
entered in all the regional languages could
have been done at Delhi as ORGI does not
have the staff strength required to undertake
this task. This has been proved true sub-
sequently with an announcement by the gov-
ernment that the caste data would be
handled at the respective State census direc-
torates.
Even now, in 2015, no caste data has
emerged out of the SECC. The government of
India is silent on the progress of the collec-
tion, collation and tabulation of the caste
data from the SECC and the time schedule

The game for the publication of caste data.

The Kerala Chief Minister, Oommen
Chandy, also of the Congress party, has made

matters most a drastic but candid assessment that the en-

tire rural data released now is wrong this
despite it having been launched by the previ-
ous Congress-led Central government and
he punishment handed out by a Supreme the fact that it was his own government ma-

T Court-appointed committee to teams and in-

dividuals involved in the betting scandal that
hit the Indian Premier League two years ago
ought to be welcomed by cricket fans and all those who
chinery which undertook the exercise in the
State. This is an assessment which is likely to
be shared and aired by more States. This
poverty survey would become as discredited
as its predecessor BPL surveys.
cherish the games purity. The Justice R.M. Lodha (Dr. M. Vijayanunni is the former Census
Committee has slapped a two-year suspension on IPL Commissioner and Registrar General of
franchises India Cements Ltd., which owned Chennai India and the former Chief Secretary of
Super Kings, and Jaipur IPL Cricket Pvt. Ltd., which Kerala.)
owns Rajasthan Royals. The action is essentially based
on the involvement of Gurunath Meiyappan, a CSK
team official, and Raj Kundra, a former owner of Rajas-
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

than Royals, in betting activity, and in maintaining

contact with bookies. The committee has carried out Pakistans stance
the orders of the Supreme Court which, in a January
The comments on Kashmir by
2015 verdict, directed it to x the quantum of puni- Pakistans adviser Sartaj Aziz is
shment for Mr. Meiyappan and Mr. Kundra, and their plain doublespeak and meant to
respective franchises. Few will lament the fact that the cater to the domestic audience of
two men have been suspended for life from any kind of Pakistan, something that India is
involvement in cricket matches organised by the Board pretty used to by now (Back in
Pak., Aziz insists that Kashmir
of Control for Cricket in India (BCCI), but there will be
tops list of issues, July 14).
anguish among many cricket fans over the punishment Pakistans dialogue template is like
meted out to two key teams. this: it says something to India and
One question that arises from the suspension of the narrates an entirely different story
CSK and RR franchises is whether whole teams, play- on home ground, driven by
ers, support staff and their legion of fans ought to be domestic political compulsions in
order to keep the hard-core anti-
punished for the misdemeanour of two individuals. But
Indian segment happy. In future, it
the question is misplaced as the operational rules of the would be prudent for the Indian
IPL and clauses in the franchise agreement clearly Foreign Ministry to ask Pakistan to
provide for the termination of a franchise for certain clarify the list of important issues
kinds of misconduct by team officials. The Mukul Mud- before any high-level meeting to
gal Committee had found CSK clearly guilty of failure avoid confusion and drama later.
Amritpal Singh,
to ensure that its officials complied with the anti- Amritsar
corruption code, the operational rules and IPL regu-
lations. Punishing teams for misconduct is nothing Nuclear deal at 10
new in international sport. The scandal that rocked The article, Built on hype,
Italian football in 2006 led to even a top team, Juven- defaulted by reality, July 14), on
tus, being relegated and stripped of two titles. Mr. the Indo-U.S civilian nuclear deal
and its 10th anniversary this week,
Lodha has made it clear that the spirit of cricket is reects the skewed commercial
larger than any individuals or franchises, or nancial and strategic benets that would
losses. In any case, the BCCI has the option to hold a accrue to the reactor supplier. It is
fresh auction for the Chennai and Jaipur franchises, or a high risk strategy by India to buy
let the affected players be bought by other teams. The untested and prototype light water
reactors, given what happened in a
outcome is not without signicance for the BCCI itself. technologically advanced country
The entire episode had brought to light the manner in like Japan. The second issue is that
which it functioned as an opaque club of adminis- of liability. Is the life of the
trators who treated the game as their personal efdom, common man so cheap? Is not the
that suffered from obvious credibility decit. Puni- way the agreement has progressed
shing those involved is one way to ensure that adminis- on this issue a violation of the right
to life?
trators reorient themselves rmly towards preserving The writers point that the
the boards institutional integrity. Such action is also economics of nuclear power is on
vital to ensure the continued popularity of cricket. the wane should spur India into
CM
YK
exploring other forms of renewable not allowed to use cell phones in
sources like solar and wind. Both front of caste Hindus. Indian
projects instead of producing their
own lms, it sparked off another
have been committed. As an
artillery officer, I have read about
are in abundance in this vast villages are still haunted by an round of protests. Mohan Agashe, and understand the effects of the
country. All it needs is the will to inegalitarian social structure and as FTII director, too faced type of artillery munitions that
move forward. must strive to usher in positive enormous opposition when he have been used against Palestinian
Vikram Sundaramurthy, change so that the effects of sought to overhaul the academic civilians. Is India taking note?
Chennai modernisation get truly reected structure. He left the institute on a Jatinder Singh,
in the lives of people. bitter note. Chandigarh
Welcome to Akodara Akshy Sridhar, K.S. Padmanabha,
If the corporate world were to Chennai Secunderabad Sepoy Mutiny
adopt a cluster of villages in various This refers to the letters (July 13
regions of India as part of FTII and strife Israel and India and July 14) on the Sepoy Mutiny.
Corporate Social Responsibility, it Going by the ruckus over Mr. My love affair with Israel started For those of us who learnt
would slowly but surely change the Gajendra Chauhans appointment in 1965when, as a 19-year-old histories, both the 1857 and 1806
face of India. Of course, as pointed at the Film and Television cadet at the National Defence Vellore uprisings are neither
out in At Akodara, Indias rst Institute of India, one would Academy, I was given a research Indian nor a Revolution. They
digital village (July 14), the edice imagine that he would be a serious project on The Kibbutz system. were not Indian because of the
of a digital India can be built on the threat to the institutes efficient This was followed by reading all limited geographical expressions;
physical one but only after having and smooth running (FTIIs long books by Leon Uris which similarly, they were not
fullled all the basic infrastructure history of strife, and FTII primarily dealt with the life of the revolutionary because of their
requirements. director selection put off, July 14). Jews during the world war. At gradual development and spread.
The emphasis should be on While the students may claim that every conceivable opportunity, I History is a subject where
promoting education at all levels he doesnt have the requisite would cover its wars as a student interpretations and
primary, secondary and higher experience to lead the institute officer during various courses of reinterpretations of the same
secondary. As the requirement of into the future, they appear to be instruction in the Army. It was event always emerge. The
each village would vary, a suitable wrong if one looks at the tenures of while preparing to cover the 1982 involvement of unsung heroes
pattern of development needs to be past chiefs and even when Israel-Lebanon war that I read like Matadin and Jalkaribai can be
adopted for each village. Therefore, eminent persons were at the about the Kahan Commission of seen in this light. At this juncture,
the village Panchayati raj helm. The fact is that trouble is a Inquiry, set up to investigate the the suggestion made by the letter
institutions need to be constant at FTII. massacre of 700-800 Palestinians writer (July 13) for a historical
strengthened. There must also be a In the 1970s, students from the in the Sabra and Shatila refugee investigation by the ICHR is
focus on democratic course in acting went on mass camps by the Christian Gemayel unwarranted.
decentralisation. For instance, the protest because they were not Phalangists supported by the Israel What we need is for independent
decentralisation process in Kerala being included in the lms made by Defence Force. The ndings were and unbiased historians to bring
exists only on paper. There should students from the course in damning and resulted in the out the truth. Many recent
be a movement towards direction. In 1996, when Adoor sacking and resignation of key historical studies like Rudrangshu
decentralised planning from the Gopalakrishnan was in charge, gures including Ariel Sharon, Mukerjees Mangal Pandey: Brave
village-level upwards. protests broke out over the later the Prime Minister of Israel. Martyr or Accidental Hero have
Suresh Rangarajan, condensation of three-year courses I consider Israel to be a genuine, questioned the shibboleths
Thiruvananthapuram into two years and the introduction all-weather friend of India but at associated with the 1857 uprisings.
of new courses. The allegation was the same time I notice a major More historical works are needed
One of the unspoken themes in the that there were not enough change for the worse in Israels in the case of the 1806 and
article is about inclusiveness. I was teachers. Later that year, when treatment of Palestinians. Anguish Kattabomman incidents to reveal
reminded of an article a few Mahesh Bhatt, as FTII chair, overwhelms me after the latest the mysteries.
months ago which depicted how suggested that graduating students report released on June 14 where Christy Perayil,
Dalits in certain parts of India are assist established directors in lm Israel gloats that no war crimes New Delhi
BG-BG

12 |
THURSDAY, JULY 16, 2015
A pernicious
law
he Union governments contention in the Su-
T preme Court that the provisions in the Indian
Penal Code on criminal defamation do not
have a chilling effect on free speech will dis-
appoint proponents of fundamental freedoms. The zeal
to retain a law that the state can use to stifle criticism is
at the heart of the governments position. It also goes
against democratic opinion in many jurisdictions that
treats defamation essentially as a civil wrong, and not
something to be remedied by the use of the states
coercive police powers. The United Nations Special
Rapporteur on freedom of expression, the Human
Rights Committee of the International Covenant on
Civil and Political Rights and other international bodies
have called upon states to abolish criminal defamation,
recognising that it intimidates citizens and dissuades
them from exposing wrongdoing. The grounds cited by
the Centre now to justify the continuance of Sections
499 and 500 of the IPC, which deal with defamation and
prescribe a maximum jail term of two years, are spe-
cious: that in India, citizens are unlikely to have enough
liquidity to pay damages for civil defamation; that on-
line defamation in the Internet age can be effectively
countered only by making it a criminal offence, and that
the law is part of the states compelling interest to Doha mandate that are central to concluding
protect the dignity and reputation of citizens. What it
fails to see is that the main feature of criminal defama-
tion is its potential for harassment. It is a tool that can
be easily invoked and that enables allegedly defamed
persons to drag anyone to courts across the country.
Criminal defamation has a pernicious effect on socie-
ty: for instance, the state uses it as a means to coerce the
media and political opponents into adopting self-cen-
sorship and unwarranted self-restraint; groups or sec-
tions claiming to have been hurt or insulted, abuse the
process by initiating multiple proceedings in different
places; and, more importantly, the protracted process
itself is a punishment. Further, magistrates tend to
mechanically summon defendants without first assess-
ing whether the allegedly offending content comes
within one of the many exceptions to defamation found
in the statute. Criminal defamation should not be al-
lowed to be an instrument in the hands of the state,
especially when the Code of Criminal Procedure gives
public servants an unfair advantage by allowing the
states prosecutors to stand in for them when they claim
to have been defamed by the media or political oppo-
nents. Thanks to past verdicts of the Supreme Court,
the government and its organs can no more file civil
suits seeking damages for defamation, yet the perni-
cious law of criminal defamation is invoked to stifle free
speech. Even as the court deliberates the matter, the
government ought to reconsider its stand and come out
against the criminal defamation law.
Reality check
on air quality
elhis poor air quality has rightly made it the
D centre of media and government attention.
However, the Indian governments own air
quality monitoring apparatus now shows the
focus so far may have remained too narrowly on some
pollutants and, as a result, only on some cities. Indias
Air Quality Index, launched by Prime Minister Na-
rendra Modi in early April, presents an AQI value for a
given city based on the prominent pollutant in that city,
calibrated for comparison. Six months of AQI values
for 11 Indian cities show that Kanpur, Varanasi and
Chennai have worse air quality than Delhi, on average.
While Delhi and the rest of north India have higher
particulate matter levels, cities such as Chennai find
high concentrations of other toxic pollutants including
sulphur dioxide and nitrogen dioxide. Dust, caused by a
wide range of natural and man-made activities, can
have a deeply damaging impact on the respiratory tract.
But at the levels at which they are being experienced,
gaseous pollutants have equally detrimental effects.
The value of the AQI, one of the experts said, is in it
being comparable across cities and across pollutants in
terms of health impact. Some cities have been compla-
cent over their low particulate matter levels. However,
the new numbers show there is no room for compla-
cency; other pollutants have been poisoning people.
The government has taken a great first step in setting
up a national Index and in making data for 11 cities, for
now, public. Data for more cities and monitoring sta-
tions need to be brought online. The next step should
be for policy-makers to actually look at this data; the
governments own website is clearly showing that a
number of Indian cities are experiencing what should
be health emergencies on a daily basis, going by their
AQI levels. Local governments must clamp down on
the specific pollutants that are pushing their respective
cities into the danger zone, whether it means moving
polluting industries outside city limits or curbing the
number of private vehicles by making available better
public transport systems. They must also make it a
habit to monitor pollution levels more closely. The
Union government, meanwhile, must come out with an
action plan for severe, very poor and poor air quality that the disastrous consequences of thoroughly examined and revised.
days; in Beijing, for instance, government vehicles are
pulled off the roads, factories forced to limit produc-
tion, schools shut down and citizens told to stay in-
doors on days when air pollution rises to an orange or
red alert level. India needs similar clear instructions on
what parents, teachers and commuters should do on
poor air quality days. Else, all that they will be able to do
is look at the index and worry for their health.
CM
YK
www.jobsalerts.in
EDITORIAL THE HINDU
BENGALURU
THURSDAY, JULY 16, 2015
Showing spine at the WTO negotiations
This brings us to another crucial question.
With just weeks left for WTO members to finalise How should India respond to the onerous
Abhijit Das
the post-Bali work programme under the Doha demands being made on it? Indias response
should have at least four distinct dimen-
Round, India must be ready with a robust strategy sions. First, at the WTO, India should une-
quivocally resist requests for concessions
With just a few weeks left for the World to counter being wrongly blamed for lack of that are beyond the negotiating mandate.
Trade Organization (WTO) members to fi-
nalise the post-Bali work programme under
the Doha Round, the season for wrongfully
progress in the negotiations The government would need to replicate the
resolve and firmness shown by it last year
during the impasse on trade facilitation and
blaming India for the deadlock in multilater-
al trade negotiations at the WTO is back. The
stand being taken by the developed coun-
oped countries are now using various strat-
agems to wriggle out of their part of the
negotiating deal on agriculture.
element in the negotiating template and
shifted the blame on India for a lack of pro-
gress in negotiations.
food security issues. However, India could
indicate its willingness to show movement
within the confines of the mandate, provided
tries suggests that they are not willing to It is an open secret that a lowering of India has proved to be a soft target in the the developed countries are willing to reci-
abide by what had been agreed to earlier in ambition on farm subsidies is a thinly veiled past for papering over negotiating inaction procate by cutting their farm subsidies and
the Doha negotiations. In contrast, they are
pressuring India to take onerous commit-
ments that were not even contemplated dur-
ing the negotiations. They also seem to be
attempt at shielding the United States from
taking commitments that might require it to
make changes to its recent Farm Act. Iron-
ically, a lowering of ambition in farm sub-
by the developed countries. The example of
sectoral initiatives in tariffs is particularly
relevant. Although the negotiating mandate
merely contemplated non-mandatory par-
addressing issues of food security and farm
livelihood.
India should also actively galvanise sup-
port from other developing countries for en-
preparing grounds for shifting the blame on sidies is sought to be limited only to the ticipation in sectoral initiatives for elimina- suring that the Doha Round is not concluded
India for not yielding to these demands. Fur- developed countries. tion of tariffs, in an unusual twist to the without the developed countries making
ther, the developed countries have stalled Developments in Geneva suggest that the English language, the developed countries meaningful cuts in their farm support. It
negotiations on a permanent solution to the developed countries are aggressively seeking sought to interpret non-mandatory to should also seek simplification in the tariff
problem of public stockholding for food onerous commitments from India and China imply mandatory participation by Brazil, structure of the European Union, which is
security. that are not part of the negotiating agenda on China and India in the sectoral initiatives. extremely complex and impedes farm ex-
This poses triple challenges for the gov- farm subsidies and were not even contem- Understandably, India firmly resisted such ports of developing countries.
ernment securing Indias interests in the plated during the entire course of the Doha pressures, and was wrongly blamed for im- Second, the Department of Commerce
multilateral trade negotiations; explaining Round. These relate to curtailing flexibilities peding progress in the negotiations. and the Ministry of External Affairs should
its negotiating position to its key trade part- for granting subsidies on agriculture inputs Coming to the recent developments, the work closely to clearly articulate Indias ne-
ners, and fighting the perception battle in gotiating approach to the capital-based offi-
the media. How the Department of Com- cials of its key trade partners. In the past, at
merce and other key arms of the government Pressuring developing countries to make concessions that go crucial stages in the negotiations, consid-
grapple with these challenges will determine erable misinformation was circulated and an
whether India will be wrongly blamed, yet beyond the negotiating mandate is part of a strategy impression created that India was being rig-
again, for a lack of progress in the effectively deployed by the developed countries in the course id and difficult in the negotiations. India was
negotiations. also wrongly projected as being isolated.
As decided at the 2013 Bali Ministerial of the Doha Round whereby they have deflected attention from This pattern could be repeated in the coming
Conference of the WTO, the post-Bali work their own repeated failures... few weeks. This needs to be forcefully
programme is required to build on the deci- countered.
sions taken at Bali on agriculture, devel- India should clearly bring out the unrea-
opment and least-developed countries and imposing fixed monetary ceilings on cer- developed countries would surely be aware sonable demands being made on it and eluci-
issues, as well as all other issues under the tain categories of farm support provided by that the concessions being sought from India date how the onus for slow progress in the
India and China. are beyond the scope of the current negotia- negotiations actually lies on the developed
the Doha Round. It is also expected to pro- Thus, it would be low ambition for com- tions and not in conformity with the nego- countries. Further, India should unequiv-
vide for a permanent solution to the problem mitments by the developed countries, but tiating mandate. However, India is at a risk ocally convey to the developed countries
of public stockholding for food security pur- extremely high ambition for obligations by of being caught between a rock and a hard that it would not acquiesce to demands that
poses, an issue that was partially resolved atIndia and China. Clearly, at the WTO, some place. go beyond the negotiating modalities, while
Bali through the so-called peace clause. of the developed countries do not mean what the developed countries fail to honour their
they say, nor do they say what they mean. How India must respond side of the negotiating mandate.
Farm subsidies So, are the developed countries being Agreeing to the commitments sought Third, the Department of Commerce
Over the past six months, WTO members merely unrealistic in their expectation that from it would limit the policy space of the should regularly brief the media about key
have engaged intensively to address some of India and China would yield to their un- government in respect of certain categories developments in the negotiations for ensur-
the key impediments in a successful comple- reasonable demands? Perhaps not. of farm subsidies. This could jeopardise the ing that the battle of perception is not lost.
tion of the Doha Round. With the objective livelihood of millions of farm households Otherwise, there is a risk that the govern-
of showing some concrete outcomes by the Behind the strategy and further exacerbate the agrarian distress. ments perspective might get drowned in the
Nairobi Ministerial Conference of the WTO, Pressuring developing countries, partic- India is fully within its rights to resist pres- blitzkrieg by commentators sympathetic to
the Director General of the World Trade ularly India, to make concessions that go sures for commitments that are beyond the the economic interests of the developed
Organization, Roberto Azevdo, has repeat- beyond the negotiating mandate is a part of agreed negotiating mandate. However, a res- countries.
edly exhorted countries to focus on issues strategy effectively deployed by the devel- olute stand by India against the unjustified
that are doable for all members and not just oped countries in the course of the Doha and onerous demands being made on it Assuring the farmer
for some. This has provided an escape route Round whereby they have deflected atten- would provide grounds to the developed Fourth, the government should assure the
to the developed countries to ward off de- tion from their own repeated failures to do countries to blame India, if the post-Bali stakeholders, particularly the farming com-
mands for cuts in their farm subsidies. This their part for a possible trade deal. Let me work programme is not agreed upon by the munity, that it would not bend under unfair
is one of the central issues in the Doha illustrate this. From 2005 onwards, the U.S. end of this month, or the Nairobi Ministerial demands and pressures of the developed
Round, on which significant progress was has successfully diverted attention from its Conference in December 2015 fails to deliver countries. In the absence of such an assur-
already made by July 2008. But the devel- inability to cut cotton subsidies a crucial significant results. ance, the farmers may feel apprehensive
about continuity in government support
schemes for agriculture.
CARTOONSCAPE It is important that the government works
out a detailed strategy for each of these four
dimensions. Failure to act decisively and
firmly on any of these aspects could result in
devastating consequences for the country.
During the tea party in Alice in Wonder-
land, the March Hare and Hatter advise Alice
that she should say what she means and
mean what she says. If the developed coun-
tries had followed this sagacious advice, the
Doha Round would not have been in the
negotiating equivalent of a rabbit hole for
more than a decade. Wisdom lies in conclud-
ing the Doha Round by matching the intent
of various WTO ministerial declarations and
the content of modalities texts with a bal-
anced final outcome. Any further attempt at
shielding the U.S. from taking cuts in farm
subsidies as required in the Doha negotiat-
ing modalities texts on the one hand, but
expecting India to take onerous commit-
ments in respect of its farm subsidies that go
beyond the existing negotiating mandate on
the other, can only erode the credibility of
the rule-based multilateral trading system of
the WTO.
(Abhijit Das is Head, Centre for WTO
Studies, Indian Institute of Foreign Trade,
New Delhi. The views expressed are
personal.)
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.
have fallen in the eyes of the
Deal with Iran IPL and betting case millions of cricket fans who adored
us know that Kerala and two more
States did not use the data of the
M.S. Viswanathan
Trust and Verify are the two The decision by the Justice R.M. them and placed them on a high predecessor rural BPL census data, Classical music has lost its soul in
words often used in diplomatic Lodha Committee deserves to be pedestal. By being silent spectators, but the remaining States and Union the passing of legendary composer
circles. How far these words are welcomed by all cricket lovers they have brought infamy to the Territories did fully utilise the data MSV (July 15) who enthralled Tamil
significant in the agreed historic (CSK, RR owners out of IPL for 2 glorious game of cricket. to identify beneficiaries for various audiences in particular for well over
nuclear deal between Iran and the years, July 15). Justice Lodha has H.R. Bapu Satyanarayana, welfare schemes. five decades. Some of his
major world powers remains to be quite rightly termed the game as far Mysuru N.K. Sahu, mellifluous songs like Bharathi
seen (Iran reaches historic nuclear bigger than any of the teams or New Delhi Kannamma in Ninaithaley
deal, July 15). Though it has been individuals or the franchises. The The general perception was that Inikkum, Yezhu Swarangalukkul
generally termed as a win-win IPL concept has tarnished the way almost all IPL matches were fixed. Achhe Din remark Ethanai Padal in Apoorva Ragangal
format for the world and its the game is conducted in the Hopefully, the BCCI should take The phrase Achhe Din was and Ragangal Pathinaru in Thillu
economics, especially as far as the country. There is absolutely no this order in the right spirit and specially coined for the 2014 Lok Mullu are masterpieces which will
resonate in the ears of old-timers
oil market is concerned, one needs harm if a blanket ban on the IPL is initiate effective measures to Sabha election by the BJP that
to see how troubled West Asia imposed given the mindless streamline its otherwise opaque promised to unload a bundle of and remain etched in their memory
moves on from now. commercialisation and money functioning. promises in the run-up to the poll. for life.
Victor Frank A., mongering of the gentlemans game Gurminder Singh Bedi, Unemployment, price rise and P.K. Varadarajan,
Chennai through this venture. Chandigarh corruption were the main concerns Chennai
J. Anantha Padmanabhan, that surfaced in Narendra Modis
Both the Iranian President, Hassan Tiruchi Caste census speeches in rally after election rally. MSV, along with Ramamurthy,
Rouhani, who came to power on the The article (July 15) by Dr. M. But a year later, there seems to be entered the Tamil cine world at a
pledge that he would resolve the The BCCI, which has built an Vijayanunni, Where is the caste absolute inaction on most fronts. time when music composers were
nuclear crisis plaguing his nation, impregnable wall of secrecy and data?, appears to have ended up After non-performance in the first heavily reliant on classical Carnatic
and the U.S. President, Barack opaqueness in its operations, stands discrediting the entire Socio- year, the BJP appears to be ragas for their compositions. MSV,
Obama, who stood by his courage of exposed. It is time the government Economic Caste Census (SECC). entangled in the net of corruption. after parting ways with
conviction and even went to the steps in to make the BCCI The SECC reports pertaining to Non-issues like love jihad, ghar Ramamurthy, too scored numerous
extent of vowing to veto any accountable and have its activities rural areas of the country were vapsi and a ban on cow slaughter sublime and raga-based songs, but
legislation from the U.S. Senate that brought under the RTI. Giving the made public by the Finance are what appear to be engaging its he soon etched a new path. Even
would torpedo the deal, deserve to IPL tournament a break for two Minister on July 3, 2015. Media attention while the real issues are today at lecture demonstrations,
congratulated for amicably years to cleanse not only the mess outlets have analysed them being glossed over. Has Mr. Modi some of his songs stand out as they
resolving the nuclear crisis that but also insulate it from a conflict of extensively. I have read at least 20 realised that what is easy to say is perfectly balance the mood and
even threatened to explode into a interests must be thought of next. of them. No one has ever doubted not easy to do? New ideas like bhava of some ragas. It was not as
war at times. It is also very likely The rules of the IPL should be the quality of the data as the census Swachh Bharat and Yoga Day are though he did not compose semi-
has gone through stages of only attempts to divert public classical songs.
having waged an illegal war against Suryanaryaanan S., enumeration, supervision, attention from the core issues. He had two great singers, in P.
the Saddam Hussein regime of Iraq Chennai verification and claims and Unless there is the courage to Susila and T.M. Sounderrajan, and
might have prompted the U.S. and objections to ensure the credibility confront the major problems, even subsequently, the genius S.P.
its allies to seek the diplomatic The tragedy in all this is that many of the data. Dr. Vijayanunni should 25 years will not be enough to usher Balasubramanyam to embellish his
route. Perhaps, the major world famous and well known cricketers have provided credible evidence of in Achhe din in India (Amit compositions. It is a matter of
powers can now focus on seeking a seem to have adopted a conspiracy wrong data before rushing to Shahs comment was distorted: regret that he never got national
similar deal with North Korea. of silence despite being witness to conclude that This poverty survey BJP, July 15). honours.
Nalini Vijayaraghavan, the murky goings-on. More than would become as discredited as its Buddhadev Nandi, V. Lakshmanan,
Thiruvananthapuram those found guilty, it is they who predecessor BPL survey. Most of Bishnupur, West Bengal Tiruppur
BG-BG
 www.jobsalerts.in
12 | EDITORIAL THE HINDU
BENGALURU

FRIDAY, JULY 17, 2015

The power of pardon in public discourse is the fact that a majority

That only a small percentage of prisoners in of drug offenders in the U.S. are either Afri-
can-Americans or Hispanic. I cant see this
the U.S. are repeat offenders, and many have happening in India. We are inclined to view
every such gesture by the establishment with
R.K. Raghavan proven their innocence after conviction and coloured eyes. We also tend to attribute reli-
FRIDAY, JULY 17, 2015
I believe that at its heart, America is a nation
incarceration upholds Barack Obamas recent gious, ethnic or political motives to a Prime
Minister or a Chief Minister or a political

An avoidable of second chances. And I believe these folks

deserve their second chance, said U.S. Presi-
dent Barack Obama during a video announ-
decisions to grant clemencies. His actions hold
lessons for India
party in power doing such a thing. The study
of deviance and handling of crime are serious
matters which should go beyond the pale of

tragedy cement of mercy to 46 drug offenders in

prison. He added that the move was a part of
his larger attempt to reform the criminal
justice system, including reviewing sentenc-
tampedes during religious festivals are quite
gress the law again. While there is no guaran-
one which will at least partially restore the
tee that those released would not go back to
faith of Americas minorities in the adminis-
sectarianism and prejudice. The debate over
what dispenses adequate justice to those who
commit crime, had, till recently, been the
their career of crime, there is every hope that
trations willingness and ability to undo in- sole preserve of criminology.

S
common in India. Over a dozen instances of
pilgrims being trampled to death have been
recorded in independent India, and the com-
mon thread running through every such tragedy is the
utter failure of the authorities and the public alike to
learn any lesson from previous disasters. At the Goda-
vari Maha Pushkaram at Rajahmundry in Andhra Pra-
desh on July 14, every ingredient needed for a tragedy
was present a rarely occurring religious festival at-
tended by millions of people, the edge of a crowded
bathing ghat, and the presence of VIPs causing waiting
devotees to lose their patience. A host of factors ap-
peared to have contributed to the stampede that led to
28 deaths, not least among them being the fact that
huge crowds were allowed to gather at the Pushkar ghat
even as Andhra Pradesh Chief Minister N. Chandraba-
bu Naidu and his family members were taking a holy
dip at the auspicious time. Pilgrims were apparently
kept waiting for hours before the VIP entourage ar-
rived. This resulted in a surge towards the bathing ghat
as the gates were opened. Mr. Naidu had his dip at the
Pushkar ghat, which usually attracts tens of thousands
of pilgrims, instead of at another facility earmarked for
VIPs. The incident is reminiscent of the 1992 Mahama-
ham tragedy at Kumbakonam in Tamil Nadu when
nearly 50 pilgrims died in a temple tank, probably
because the security measures made for the Chief Min-
ister had restricted the space earmarked for the public.
Several factors appear to have contributed to the
Godavari tragedy. These include lack of proper barri-
cading to enable pilgrims to move in single le towards
the river, the failure of the authorities to guide devo-
tees, especially those unfamiliar with the town, to more
spacious ghats elsewhere, and the absence of planning
for crowd management. All this indicates that even a
good deal of advance preparation and elaborate securi-
ty arrangements are not enough to guarantee safety at
mass events unless some elementary safeguards are in
place. After the Maha Kumbh Mela tragedy in 1954,
Jawaharlal Nehru had asked VIPs to stay away from
such events. It was recognised even then that the pres-
ence of VIPs puts needless pressure and strain on the
administrative machinery and severely compromises
optimal measures to control milling crowds. The
Kumbh at Nashik in Maharashtra is just a month away.
On the last occasion, 40 people died in a stampede
there. The authorities must take every precaution to
prevent a repeat. While VIPs do have a right to partici-
pate in such events, it should be ensured that their
presence does not compromise the safety of the public.
Manipurs
ing laws and reducing punishments for non-
violent crimes.
I am granting your application because
you have demonstrated the potential to turn
your life around. Now it is up to you to make
the most of this opportunity. It will not be
easy and you will confront many who doubt
people with criminal records can change,
were the words of Mr. Obamas letter to each
released convict.
Mr. Obamas decision on July 13 to com-
mute the sentences imposed on 46 non-vio-
lent drug offenders now serving term in
various U.S. Federal prisons should warm the
hearts of those who strongly believe that a
criminal justice system sans mercy and com-
passion is blind and lame; 13 of these prison-
ers had been on life sentence, while 1,000
others continue to be incarcerated for life
without parole. This step is not something
revolutionary nor is it something that has not
been done before.
Trust and reform
In early 2014, U.S. Attorney-General Eric
Holder announced a proposed plan to release
nonviolent drug offenders with no links to
gangs or drug trafficking organisations. Fol-
lowing this, in December last, commutations
were approved for eight offenders. Unlike a
presidential pardon, a commutation does not
erase a criminal conviction, but only reduces
a sentence. In his presidency, Mr. Obama has
granted 64 pardons. When a head of state
himself takes such an initiative and person-
ally sends out a message to each of the re-
leased persons, the gesture assumes an
import that is difficult to exaggerate.
I welcome the move as a step in the right
direction, and as one that should be emulated
in India and across the world. This unequiv-
ocal endorsement of a benevolent approach
to crime and criminals rests on two unassail-
able facts: rst, judicial officers imposing
sentences are not infallible; they actually
commit egregious mistakes. And, second,
many offenders, after being found guilty and
convicted, are known to display remorse and
a desire to reform themselves and not trans-
CARTOONSCAPE
they will not given the hardship that they had
justice. In essence, what we need is a system Mr. Obamas action revives memories of
undergone during their long spell of incar-that will take care to make a distinction be- certain classical personalities who have con-
ceration. There is an element of trust heretween the one who lapsed into crime by acci- tributed greatly to the evolution of crimi-
which is the foundation of civilised living and
dent and on impulse, and the one who is nology as a fascinating discipline, and
a stable public order. I am happy that morevengeful, and displays rancour and no peni- especially to the subject of deterrence. In
action and reforms of such a nature are on tence whatsoever. Again, the plea should be this, two names come readily to mind. Cesare
the anvil. Remember, the U.S. criminal jus-for a jurisprudence which would impose pe- Beccaria (1738-94), was an Italian criminol-
tice system has repeatedly been the subjectnalties proportionate to the crime on hand, ogist, jurist and one of the greatest thinkers
of bitter criticism for its bias against the
and not go overboard by being vindictive. of the Enlightenment period, and his short
minorities, especially African-Americans. What is also desirable is a reasoned exam- treatise, On Crimes and Punishments high-
Instances of proven brutality against Afri-ination of the age-old nagging and unresolv- lighted his abhorrence of the death penalty.
can-Americans and the disproportionate ed question on whether the establishment While he conceded that deterrence had a role
number of them in U.S. prisons more than can bring down instances of crime by resting in controlling crime, he would rather place a
30 per cent of the prison population are solely on the deterrent effect of criminal pe- premium on certainty, proportionality and
often cited here. nalties. Incidentally, this latter issue, is link- promptness of punishment. Closely follow-
ed to the never ending debate on the ing him was the British philosopher, Jeremy
Undoing injustice rationale of capital punishment. Bentham (1748-1832), whose credo of pain
In general, it is widely known that many Our Law Commission released a consul- and pleasure a man will indulge only in an
prisoners in the country have established tation paper on the subject recently, and act that gives him pleasure and causes no
pain was stated in his monumental An
Introduction to the Principles of Morals and
In India, we are still nowhere in our attempts to scientifically Legislation. He spoke of an element of ratio-
nal choice by each offender in committing or
prove that punishment deters crimes. It is such an anomalous staying away from crime. His stand was that
situation that strengthens the case in favour of measures such since punishment and pain were closely as-
sociated with each other, the state should
as the one Barack Obama has initiated inict only so much punishment as was nec-
essary to ward off the greater evil of a penalty.
their innocence after conviction and incar- followed it up with day-long discussions by While both Beccaria and Bentham believed
ceration. According to the Innocence Pro- experts. Such initiatives conrm that en- somewhat in the deterrent effect of criminal
ject, a non-prot private initiative launched lightened opinion does not set much score by punishments, they never exaggerated it.
in the U.S. in 1992 (and committed to exoner- the deterrent effect of the severest of puni-
ating wrongly convicted people through the shments, and that there is still a case for Lessons for India
use of DNA testing and to reforming the continual evaluation of the impact of In recent years, they have been questioned
criminal justice system), 330 convicts, in- penalties. because of a lack of scientic evidence to
cluding 20 on death row, have been released substantiate the effect of deterrence. But
since 1989, after they successfully invoked Subject of deterrence then we are still nowhere in our attempts to
their right to a DNA test and convincingly Fortunately, till now, responses to Mr. scientically prove that punishment deters
proved that they had been wrongly sen- Obamas bounty have been positive. What is crimes. We still rely on guesswork and vague
tenced. The average time they spent in prison ignored is the fact that crime in the U.S. is a conjectures. We know at best that enhanced
was 14 years! Also, statistics of recidivism subject that still arouses passions. Every out- patrolling of identied hot spots reduces
point to only a small percentage of them as rage, such as the attack on the Emmanuel crime in a locality, but then crime only gets
being repeater offenders. The rest are not African Methodist Episcopal church in South displaced and tends to relocate in new places.
inclined to return to crime, but would rather Carolina in June, and which claimed nine Beyond this it has not been possible to prove
engage themselves in some form of gainful lives after the 21-year old white gunman that intensive application of police manpow-
employment yielding an income that would emptied his semi-automatic handgun on an er or stringent punishments in the statute
help look after their families. essentially African-American congregation, books are a deterrent. It is this anomalous
These facts uphold Mr. Obamas recent raises the clamour for more severe sentenc- situation that strengthens the case in favour
action as one that has merit and is justied; ing rather than release. Also not brought up of measures such as the one Mr. Obama has
initiated.
In all this, there are lessons for India. Al-
though the U.S. is guilty of incarcerating
more people than it should, we are no less
blameworthy. We carry the shame of having
far too many undertrial detainees in our pris-
ons because of an overburdened judicial ap-
paratus and the excruciatingly slow pace of
trials. My impression is that while there is
greater restraint in terms of police arrests,
too many people are being sent for trial. The
United Kingdoms example of a highly empo-
wered Crown Prosecution Service that vets
all police recommendations needs to be ex-
amined so that there is a fall in the numbers.
The anticipated criticism of such a body frus-

dilemma trating police investigations by not according

sanction for prosecution is innitely prefer-
able to too many cases clogging the courts
and delaying justice to those who are in-
he fear of every state with a predominant

T
nocent among the suspected offenders.
indigenous population was summed up thus There is a need to disseminate knowledge on
by the Naga leader A.Z. Phizo: Nagaland can- justice processes so that fearless decisions
not accept the Indian excess population [as] are made by investigating officers and prose-
our country is too small. Many of the recent exclusi- cutors. This is the only way we can change the
vist outbursts in the northeastern States, including in face of the Indian criminal justice system
that currently suffers from a very poor image
Manipur, can be attributed to such a fear of losing in the eyes of both victims of crime and the
ancestral land to outsiders. Manipurs crisis intensi- layman.
ed four months ago when its Congress-majority Leg- (Dr. R.K. Raghavan is a former CBI
islative Assembly passed the Manipur Regulation of Director and a graduate in criminal justice
Visitors, Tenant and Migrant Workers Bill, 2015. It from the Temple University, Philadelphia,
was opposed widely, including by womens and stu- U.S.)
dents' groups, and even by a section of the ruling party.
Eventually the Opposition became more united in de-
manding the withdrawal of the Bill, which failed to
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

address their key concern of protecting the land rights

of the original inhabitants. On July 14 the Bill was
withdrawn by the Manipur government in a nod to the
protesters demands. The united Opposition rather un-
derscored the long-standing demand for the imposi-
tion of an Inner Line Permit system, as in a few other
northeastern States. The ILP regime, introduced by the
British to protect tribal populations from encroach-
ment into their areas, but later used to advance com-
mercial interests, involves a system akin to the issue of
visas to Indian citizens to enter a State of the Union.
The dilemma of the Indian state over the ILP is
understandable. Can the Union afford to introduce a
quasi-visa to its citizens to enter one State from anoth-
er State? The question could be complex for a central
party that advocates the removal of all speed-breakers
when it comes to citizens access to travel and work in
her own country. The dilemma of Manipur is perhaps
even more severe. The 2001 Census indicated the size
of the migrant community was nearly as much as that
of the dominant ethnic Meiteis, thus bolstering the
demand from Manipurs erudite civil society to impose
curbs on inward movement. But there has also been
out-migration of the indigenous people. The demand is
sought to be substantiated by citing many examples
that indicate how Manipuris are losing land to extrac-
tive non-Manipuri industries. The leasing out of one-
sixth of the total area of Manipur for oil exploration
and drilling to international oil majors, unthinkable in
the other States, is one of many such examples. In this
backdrop, a half-baked Bill was passed, that exacerbat-
ed the insecurity. The demand, though, is more legiti-
mately a consequence of the hill-valley divide in the
State and the congestion in the valley rather than any
huge inux of outsiders. The situation is thus complex
but not out-of-control. But the State should ensure that
alien-investor-driven development does not disrobe its
people. After all, they are supposed to benet from the
growth generated out of its own domestic resources.
CM
YK
States and land laws
Indian democracy has undoubtedly
turned into a free-market and it is
unsurprising to see farmers as the
visible targets of the Land Bill
(States want freedom to frame
their own land acquisition laws,
July 16 and Subverting a
progressive law, July 9). This Bill
now leaves them in a Catch-22
situation: neither does the
democratic government provide
them with proper compensation as
per market rates nor do they have
an alternative authority to turn
their protest into a radical dialogue
on land rehabilitation. This allows
private enterprises to appear before
them as benefactors while they get
away with the illegal usurpation of
land, which often goes
undocumented. It is almost like a
repetition of the dam displacement
days in some ways which
discounted the views of the
minority and which were never
considered to be serious and
sensible enough.
Kaustav Kashyap,
Chennai
The report reminded me of how in
the late 1950s and early 1960s, the
Central government acquired
thousands of acres of fertile
agricultural land and few villages
around Ranchi, Jharkhand, under
the Land Acquisition Act, 1894, to
establish a heavy engineering public
sector unit. Most of the acquired
land belonged to Adivasi (tribal)
farmers who owned small tracts. In
one stroke, these simple people
became homeless and landless.
Their cash compensation was legendary composer has left behind advertising revenues play in the
meagre and they were left to fend
M.S. Viswanathan a treasure-trove of lm music which economics of a newspaper, but as
for themselves. The project was I am lucky to be a part of the will continue to regale everyone for the aphorism goes, too much of
commissioned, commenced generation that grew up when MSV generations. anything gets tiresome. I agree that
production with much fanfare but was gaining stature. Though he The versatility and the in other media such as television
later went into the red and declared continued to be prolic as a soloist, immaculate perfection displayed by and even online websites, the
sick. At one time, it employed it was only when he teamed up with him in his compositions, and the proliferation of advertising content
25,000 workers on the factory oor. Ramamurthy that the Tamil lm range of his creations are has become even more intrusive
Not even one per cent of this music industry saw its golden era. magnicent even today. Who than in the print media, but there is
workforce was Adivasi villagers. KVM was the other legend. In the cannot but recall his melliuous still a case to moderate the levels of
After the unit was declared sick, a music of this duo, the quartet of melodies like Muthukalo Kangal, advertising content in print.
large number of workers, most of TMS, PBS, Suseela and Easwari Engirundho Aasaigal, Readers like me are proud of this
them migrants, stayed on. Years were prolic. The fare they Amaithiyaana Nadhiyinile Odum, newspaper, which is noted in
later, the hundreds of acres largely provided was no less great than the Nilave Ennidam Nerungathe and particular for its credibility,
remained unutilised and were Hindi greats of that time. My Oru Naal Iravil Kann Urakkam sobriety and sound practices of
encroached upon by maas in personal favourites were the many Pidikkavillai? It pains one that this journalism. We expect it to sustain
connivance with the songs of the lms of Gemini musical genius was not recognised contemporaneous changes of this
administration. No one cares to Ganesan such as Pava Mannipu, with any national award. sort. However, please make sure
remember or shed a tear for the Sumaithangi, Baghyalakshmi, R. Sivakumar, that the Faith column, which was
simple tribals who were cheated out Padha Kanikkai, Poojaiku Chennai not to be found in the issue dated
of their fertile land, displaced from Vandha Malar, Pasa Malar, July 15 to my dismay, is kept as a
their villages and reduced to Hello Mr. Zamindar and Vazhkai The Hindus new look daily feature. Perhaps you could
penury. How convenient it is to Padagu. Long-time readers like me its consider a diversity of topics and
simply amend the Land Bill! M. Balakrishnan, more than 50 years now have milieu under this column.
Bachchan Kujur, Bengaluru noticed several positive changes Jose Philip,
Gurgaon that have been effectively Thiruvalla
How can one forget the soul- introduced in The Hindu in recent
No loans stirring and soulful music times. There is deeper and better- The refreshing opening up in the
It is disappointing to know that composed by MSV; examples are thought-out content, well- daily in recent times has not gone
public sector banks, specically Ponal Pogattum Poda, Vandha considered presentation and also unnoticed. The content is better
created to cater to the goal of Naal Mudhal Indha Naal Varai, more reader-friendly page ordering planned, organised, curated and
socialism are failing in their Kalangalil Aval Vasantham and and sequencing, obviously to ensure presented. To top it all, there is
primary duty (Toopoorto qualify Malarndhum Malaradha. The list a certain logical continuity more space devoted for news
for loans, July 16). What is even will only elongate itself and will changes that have struck me and coverage. If indeed this is the
more appalling is that even after never become shorter. His uncanny many of my friends. We have also consequence of any increase made
advancing loans to the so-called knack of blending Carnatic and noticed more space being devoted in the number of pages, it is a bold
qualied and good borrowers, western music in his compositions to editorial content, offering a and imaginative step in the right
public banks are reeling under the is legendary. better ratio with advertising direction. While advertisements are
burden of non-performing assets. It Mani Naatarajan, content, and better value for welcome, you seem now to be
is high time their loan policy is Chennai money, then! It also appears that getting the proportion right. Think
revamped and the managements there is an increase in page level, a long-term, and give us more. The
made aware of the basic objective of In the passing of Mellisai Mannar or welcome step. The looming shadow new look harks back to the glory
their existence. the king of light music, the music of advertising content has thus been days of this great newspaper.
Jasleen Kaur, world has lost one of its greatest and made less pervasive. Readers like Anand A.,
New Delhi nest composers of all times. The me are cognisant of the role Chennai
BG-BG
 www.jobsalerts.in
12 | EDITORIAL THE HINDU
BENGALURU

SATURDAY, JULY 18, 2015

Breaking the ice and avoiding a refreeze

Rakesh Sood
SATURDAY, JULY 18, 2015
As Prime Minister Narendra Modi is discov-
ering, somewhat to his discomture, manag-
That familiar ing relations with Pakistan is one thing but
managing expectations about India-Pakis-
tan relations is a different cup of tea, because
pattern the two often adopt divergent trajectories.
Every Indian Prime Minister, from Jawahar-
lal Nehru onwards, has had to deal with this
he ink had hardly dried on the joint statement challenge. However, it has only become in-
There will be more engagements with Pakistan,
and at different levels, but New Delhi will have to
change its tone to ensure that well-crafted
diplomatic initiatives do not get reduced to a farce
as the one at Ufa has become
summit. From all accounts, the meeting be-
tween the two Prime Ministers developed
positively. Mr. Modi had realised that not
engaging Pakistan was proving unhelpful.
Having abruptly called off the Foreign Secre-
kistan Army had consolidated Gen. Sharifs
position. Tension on Pakistans eastern
front was an unnecessary distraction which
the Pakistan Army could do without, while it
concentrated on Operation Zarb-e-Azb on
But in keeping the Joint Statement busi-
ness-like and crisp, they overlooked the
gladiators who descended into the arena of
the TV shows almost as soon as the Joint
Statement was put out. Comparisons with
previous statements were quickly made; an
absence of phrases over-analysed; the impli-
cations of level of dialogues parsed thread-
bare; all with the aim of scoring quick
diplomatic victories so that the exercise de-
generated into a farce. Given that Mr. Modi
faces an increasingly irate Opposition in the
run-up to the next session of Parliament,
government media handlers presumably
in the absence of high-level guidance as Mr.

T issued in Ufa after the meeting between Prime

Ministers Narendra Modi and Nawaz Sharif
when accusations, recriminations, and even
shooting across the Line of Control began. Not that such
an upshot was entirely unexpected, given patterns seen
in the past. The routine has included, following any
statement of intent, phases of commentary and political
wordplay from the respective establishments that
would go around chest-thumping about short-sighted
victories for either side. On the other hand, detractors
would tend to nitpick about the absence of issues that
matter, of course those that are dear to them, or cavil
over the controversial clauses by overemphasising
them. This pattern has just played out again. Added to
this has been the recrudescence of cross-border in-
cidents, resulting in casualties. This time, India has
accused Pakistan of inltration attempts in the Jammu
sector, while Pakistan has complained that India sent in
a drone and also started ring across the border. At-
tempts to follow the standard protocol for such sit-
uations, setting up conversations between the
respective border security forces, for example, have also
not been possible, according to India.
The cross-border incidents in themselves represent a
major issue bilaterally. Hundreds of such incidents
have occurred since both countries signed a ceasere
agreement in 2003, which are clearly violative of it.
These then beg the question whether the agreement as
it stands is a dead letter. While many of the violations
have been a consequence of inltration bids by in-
surgents aided by Pakistan Rangers, the present set of
incidents clearly represent the political fallout of re-
criminations following the Ufa agreement, indeed con-
forming to the pattern of the recent past. Ideally, India
and Pakistan should strengthen the 2003 agreement by
negotiating a new and more robust ceasere agreement.
But even that would not do. The two governments must
work toward a robust media and political strategy to
explain any agreements such as in Ufa to its domes-
tic political opposition and even the noisy media in
order to cushion themselves from the theatrics that
inevitably follow a thaw. It is more so in the case of
Pakistan, where the civilian government has hardly any
leeway in working out its relations with India given the
overhang of the security establishment. It is unfortu-
nate that within days of the Ufa statement, Sartaj Aziz,
adviser on foreign affairs to Mr. Sharif, backtracked
from the terms of the joint statement by reiterating the
centrality of issues such as Kashmir, and came out with
a litany of new complaints about Indian interference.
Clearly, maturity and better management of the domes-
tic constituencies and core establishments are sorely
needed, especially on the Pakistani side.
The Greek
let-down
he latest phase of the protracted game of chick-
nitely more difficult today with the Indian
media (and its Pakistani counterpart) seek-
ing to convert every summit encounter into
a limited-overs cricket match. A diplomatic
negotiation only succeeds if the outcome is
perceived by both sides as a win-win sit-
uation but this requires long-term planning
and careful management. If either side
makes it a zero sum game by ring up expec-
tations for a quick victory, the dialogue
quickly ounders.
Politics behind statement
On the face of it, the Joint Statement
issued on July 10 at Ufa in Russia, after Mr.
Modis meeting with his Pakistani counter-
part, Nawaz Sharif, on the sidelines of the
Shanghai Cooperation Organisation sum-
mit, is notable for its brevity and matter of
factness. It states that the two leaders met
and exchanged views on issues of bilateral
and regional interest. In the interest of pro-
moting peace and development, they are
prepared to discuss all outstanding issues.
Both leaders also condemned terrorism in
all its forms and agreed to cooperate to
tackle this menace. Each of these phrases is
loaded with meanings and interpretations
evolved over the decades in the context of
multilateral negotiations to steer clear of
terms that were contentious, and became
unacceptable to one or the other side in
regional fora and the United Nations. All
outstanding issues is shorthand for cov-
ering Kashmir just as terrorism in all its
forms also covers state sponsored
terrorism.
The ve follow-on steps identied in the
Joint Statement are precise and modest
the National Security Advisers (NSA) are to
discuss all issues connected to terrorism;
meetings between the chiefs of the Border
Security Force and Pakistan Rangers and
Directors-General of Military Operations;
releasing shermen in each others custody;
facilitating religious tourism; and an agree-
ment to discuss ways and means to expedite
the Mumbai 26/11 attack trial, including ad-
ditional information like providing [Mumbai
attack mastermind Zaki-ur-Rehman Lakh-
vis] voice samples. Finally, Mr. Modi also
accepted Mr. Sharifs invitation to visit Pa-
kistan in 2016 for the South Asian Associ-
ation for Regional Cooperation (SAARC)
CARTOONSCAPE
tary-level talks last August meant that he
had to nd a way to get a dialogue going. The
SAARC summit in Kathmandu last Novem-
ber came too soon after the cancellation of
talks and the tit-for-tat shelling across the
Line of Control (LoC). After Indian Foreign
Secretary S. Jaishankars exploratory visit to
Pakistan early this year and a couple of
phone exchanges, the decks were cleared.
However, the old format could not be re-
stored because it would signal business as
usual. The media and the Opposition would
describe Mr. Modis policy as ip-op or logue on these subjects would only become a
even worse, a climbdown under (god forbid)
U.S. pressure! So, the resumed dialogue had
to have its focus on tackling the menace of
terrorism and for this, Indias NSA Ajit Do-
val would be the most suitable person. Other
As the larger power, the Indian media resonates loudly in the
region, often reecting an insensitivity which generates a
backlash. Mr. Modis media team has yet to understand this.
issues such as religious tourism and the re-
lease of shermen were humanitarian issues
and would resonate well. Mr. Modi had em-
phasised the importance of regional diplo-
macy and even as he notched up successful
visits to Bhutan, Nepal, Sri Lanka and Ban-
gladesh, he realised that resuming a dialogue
with Pakistan, and where he could set the
agenda, was necessary for ensuring Indias had concluded positively, it was felt that it
leadership in the region and image as a re- would be useful to put out a short Joint
sponsible major power.
Changes in Pakistan
Mr. Sharif had responded positively to Mr.
Modis initial overture when he attended his
swearing-in ceremony last May but subse-
quently felt let-down by the rather abrupt
cancellation of Foreign Secretary-level talks
in August. Nevertheless, Pakistans standing
and position had since improved. Relations
with the United States, China and Russia
were moving in a positive direction and,
most important, domestically, civil-military
relations were on an even keel. A better un-
derstanding on tackling home-grown terror-
ism had developed between Mr. Sharif and
Pakistans Chief of Army Staff General Ra-
heel Sharif. Senior-level changes in the Pa-
its western front and sought to extract grea-
ter cooperation from an increasingly impa-
tient Afghanistan President Mohammad
Ashraf Ghani in Kabul. Therefore, keeping
the India-Pakistan border quiet was a posi-
tive development.
Both sides realised that issues like the
Siachen glacier, the Sir Creek maritime
boundary delimitation and Tulbul (Wullar
barrage) navigation, which had been under
discussion for decades were politically not
ripe for solution. Therefore, resuming dia-
sored terrorism. India had sought the meet-
repetitive exercise. In any case, this would
also revert to the old composite dialogue
started during Prime Minister I.K. Gujrals
days or the six-point and eight-point agen-
das that began during Prime Minister V.P.
Singhs time in mid-1990 and was carried
forward by Prime Minister P.V. Narasimha
Rao.
Gladiators in the media arena
Apparently, no drafts for a Joint State-
ment at Ufa had been exchanged in advance
by the two sides. However, since the talks
ment on providing Lakhvis voice samples.
Statement. This would bind both sides to a
common script rather than having each side
carry out its own media briengs, which
could easily lead to controversy. Indian and
Pakistani negotiators have faced the same
question many a times during the last 25
years. Sometimes they took the view that it
was better to do separate briengs; some-
times, they did a joint brieng and some-
times, they managed to produce a Joint
Statement as Mr. Jaishankar and his Pakis-
tan counterpart Aizaz Chowdhury did. Sea-
soned and accomplished diplomats, they
delivered a statement to their bosses which
faithfully reected the decisions reached
during the discussions, and, where needed,
relied on the well-worn catchphrases that
mark all India-Pakistan joint statements.
Modi was still travelling abroad were
quick to point out how India had scored over
Pakistan. Kashmir was not mentioned (a vic-
tory for India), terrorism to be dealt with by
the NSAs (a victory for India since everyone
knows that Mr. Doval is a former ace sleuth),
and access to voice samples (a victory for
India).
The Pakistani response was predictable. It
pointed out that diplomatic phrases like all
outstanding issues and terrorism in all its
forms included Kashmir and state spon-
ing (a victory for Pakistan), Mr. Modi had
committed to visit Pakistan for the SAARC
summit (a victory for Pakistan), and addi-
tional information was to be provided by
India regarding the 2008 Mumbai attacks (a
victory for Pakistan). However, the genie
refused to go back into the bottle and the
Pakistan Army was unhappy. Eventually,
three days later, Pakistans Foreign Policy
and Security Adviser Sartaj Aziz took the
stage to make it clear that the outcome at Ufa
did not mark the beginning of a new dialogue
process, and that Kashmir tops the list of
outstanding issues. For good measure, he
added that Pakistan would continue to pro-
vide moral, diplomatic and political support
to its Kashmiri brethren, the NSAs would
discuss Indian interference in Pakistan par-
ticularly in Balochistan, additional informa-
tion would also cover progress on the
investigations into the Samjhauta Express
bombings in 2007, and there was no commit-
The Pakistani High Commissioners Iftar
with Hurriyat leaders that had been post-
poned was resurrected as an Eid Milan event
and recent LoC rings have again raised ten-
sions. The chest-thumping protagonists on
either side examined in terms of protocol
how many steps Mr. Modi and Mr. Sharif
each walked to greet the other. The Ufa mo-
ment had become an ouch moment for
both sides. Instead of a win-win, both sides
retired hurt and sulking.
Lessons for Narendra Modi
Neighbourhood diplomacy for a large
country like India needs a lighter touch, and
far more attention to managing expectations
than has been in evidence during the last 12
months. We also need to understand that as
the larger power, the Indian media resonates
loudly in the region, often reecting an in-
sensitivity which generates a backlash. Mr.
Modis media team has yet to understand
this. There will be more engagements with
Pakistan, and at different levels, but New
Delhi will have to change its tone to ensure
that well-crafted diplomatic initiatives do
not get reduced to a farce.
From Mr. Narasimha Rao onwards, I have
personally witnessed how he and his succes-
sors and their senior colleagues, used to keep
key political leaders, including the Opposi-
tion, fully briefed; in parallel, senior officials
used to provide background briengs to re-
tired officials and foreign policy commenta-
tors so that expectations could be managed
in terms of media projection. This ensured
that both the pace and the outcome of the

T en between Greece and its creditors ended in a

whimper for the country as Prime Minister
Alexis Tsiprass government agreed to a con-
tinuation of the austerity programme in return for debt
relief concessions. The governments actions should be
termed as a letdown. It sought a referendum on the
conditions posed by the Troika comprising the Eu-
ropean Central Bank, the European Commission and the
International Monetary Fund that yielded an over-
whelming no from the Greek people. Later under a new
agreement, it accepted conditions over and above what
the referendum set out to seek. But with the eurozone
being pushed by its largest economy, Germany, to pre-
pare for Grexit, Greece had barely any wiggle room: the
pain of a Grexit was seen to be more daunting than status
quo for the economically crippled nation. There have
been rumblings within the ruling Syriza against the latest
agreement. But in the Greek Parliament the conditions
accepted by the Syriza government have been ratied,
and Greece will again try a round of austerity measures
and privatisation to pay off its debt in the medium term.
It is anybodys guess if this would work; after all, ve
years of austerity has only exacerbated the problem for
the economy.
That said, it must be asked what the goal of the agree-
ment was: make an example out of Greece for other
debtor-nations, or help its economy tide over its immedi-
ate and deep problems? Given the way the negotiations
were held, and from the terms of the agreement, it could
be said for sure that the latter was not on the agenda. In
the past seven years the countrys GDP has shrunk by 30
per cent while unemployment has risen to over 25 per
cent. If after years of austerity and two bailouts Greece
still has to seek a third bailout package to service its debt,
that itself shows its path is unsustainable. What Europe
should have done was to write-off a major part of
Greeces debt and allow the country to lift public spend-
ing. This, in a classical Keynesian way, would have helped
revive demand and thereby economic growth. But in-
stead, Europes leaders decided to toe the line of big
nance by punishing Greece and its people, creating
divisions within Europe. The present action against
Greece exposes the fault-lines in the European project,
which originally aimed to integrate a continent econom-
ically and politically but failed to do so because of the
insistence on a faulty and unbalanced monetary union.
While the mighty in the eurozone might have won the
battle over retaining austerity, the war to sustain the
eurozone as it is, will continue.
CM
YK
LETTERS TO THE EDITOR
Renewed tension
While the article, Ufa and civil-
military relations in Pakistan (July
15), sought to present a picture of
greater cooperation between the
elected government in Pakistan and
the Army, a detailed reading shows
up that this understanding is really
in the context of the internal terror
threat that Pakistan is grappling
with. This threat is serious enough
to disrupt Pakistans society and
economy and is what draws all
stakeholders together. On the other
hand, when it comes to relations
with India, the military will remain
unrelenting and stick to its well-
worn positions. A behind the scenes
engagement on contentious issues
could provide more elbowroom to
negotiators. However, this has the
danger of arousing deep suspicions
of a sell-out in Pakistan, fuelled
mainly by its own insecurities, and
so is bound to remain a non-starter.
Public engagement alternately
raises high hopes or causes bitter
disappointment. Despite numerous
provocations (After Ufa hopes,
are-up on border, July 17) one
hopes that India will continue in its
efforts at quiet diplomacy beyond
the media glare.
Udaya Bose,
Bengaluru
Granting clemency
R.K. Raghavan (The power of
pardon, July 17) has highlighted a
very important aspect of the
Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.
theory of punishment, but ignores
two other vital aspects i.e.
punishment should also do
retributive justice by assuaging
the feelings of those damnied by a
crime, and that it should also be
exemplary. Both these have
cropped up and quite visibly in our
country in recent years. In the many
rape cases, highlighted by the
media, for instance, the severity of
the sentences awarded, factored in
public anger, and the demand for
capital punishment. When a minor
convict escaped with a brief and
reformatory form of punishment,
Parliament took note to amend the
Juvenile Justice Act. In cases of
murder cases involving politics and
corruption, the family members
have asked for retribution. In West
Asia, the problem often gets
resolved after the payment of
blood money. Therefore,
punishment of crimes cannot be
viewed solely from the angle of
reformation of the criminal.
There are others too involved
whose feelings need to be
accommodated. As for the U.S.
criminal system, it is now clear that
the whole process is skewed against
the accused. Therefore, President
Barack Obamas efforts are in the
right direction.
K.V. Narayanmurti,
Palakkad
It is difficult to agree with the
points of view expressed by the
writer. Take the example of West
Asian countries where the crime
rate is low since punishment is
harsh and where the judiciary
favours governments. There, the
number of overseas workers
outnumbers the native population
and they are controlled only by the
fear of harsh punishment. Social
conditions in the U.S. with a sparse
population are very different from
ours. The enlightened and humane
treatment of prisoners in our jails
may have resulted in criminals
losing fear of being incarcerated.
M.K.B. Nambiar,
Mahe
The issue assumes relevance
particularly after the recent
amendments to the Juvenile
Justice Act. I nd the issue of a high
number of undertrials languishing
in jails to be distressing. There are
also cases of people having already
served maximum possible time for
alleged offences. That most of these
undertrials belong to the
minorities, often taken into custody
on vague charges, is the cause for
greater concern. Such cases
ultimately give rise to the feelings of
victimisation and marginalisation.
Karan Kabir Singh,
Mohali, Punjab
Soil health card
It is disappointing to note that
Tamil Nadu has not even started the
distribution of Soil Health Cards to
farmers (Soil Health Card scheme
takes off gingerly, July 17).
dialogue was kept under control, with an eye
to the domestic political environment while
taking into account the larger games being
played on the geopolitical canvas. After last
August, Mr. Modi understood the need for a
dialogue with Pakistan. Hopefully, after Ufa,
he will also understand the need to manage it
in a more productive manner.
(Rakesh Sood is a former diplomat who
was engaged with India-Pakistan talks
during 1990-99. E-mail:
rakeshsood2001@yahoo.com)
Farmers here are in despair on taken a refreshing turn in terms of
account of an unpredictable content and look in recent days,
monsoon, poor quality of seeds, low maintaining a balance among
procurement price and poor storage international, national, regional
facility. Given these circumstances, and local news content in an
the SHC would be a boon as it would admirable manner. It appears to me
aid the farmer in farming activities that in contrast to the competition,
that can be done in a scientic and there are more pages and,
economic manner. consequently, much greater space
S. Pon Senthil Kumaran, for news, the staple and lifeblood of
Madurai any newspaper, than it was in the
earlier days. The attention being
The Hindus new look paid to the proportion between
As a reader addicted to The Hindu news and advertisements is to the
for well over four decades, I nd the advantage of readers.
dailys new-look format quite Divya S.M.,
refreshing. In its new avatar, its rich Bengaluru
content and attractive and eye-
catching page layout are points to It looks like The Hindu has at last
note. Various interesting features realised that conforming to a tight
like Star Trek on Life, the last editorial-advertisement ratio in a
page; and the Faith column and formulaic manner would be a no-
Weather Watch on the inside brainer in the long run. Many
pages are like icing on the cake. I readers like me, especially in the
must also add that no other English non-urban circulation regions, have
daily sets aside three to four pages felt for long that we were being
for sports news and analyses. It is short-changed with respect to what
indeed a tightrope to keep the The Hindu has been offering us:
proportion of news and there was not enough editorial
advertisements right. Let the content in terms of volume each
broadsheets glory be sustained in day. There was quality no doubt but
future. By the way, I still read we wanted quantity as well. Up until
The Hindu with an Oxford now, it appeared as if you had been
dictionary by my side and jot down quite conservative in handling the
difficult words and their meanings. issue.
N.G. Subramaniam, Thank you for ensuring a higher
Thiruvananthapuram page count, which is now evident.
Do consider it as an investment for
Being a reader of the daily from an the future of the newspaper.
early age has helped me a great deal. Raja,
I sense that the newspaper has Muthoor, Kerala
BG-BG

10 |
MONDAY, JULY 20, 2015
The question
of primacy
o a layperson, the question raised by a judge of
T the Supreme Court last week on the exact
constitutional identity of the countrys Chief
Justice may appear to be only an academic
doubt. However, seen in the backdrop of the current
debate over what is the ideal process for appointing
members of the higher judiciary, the question may have
a bearing on the role of the Chief Justice in the process.
The question from Justice Kurian Joseph, in the course
of the hearing in the case relating to the validity of the
National Judicial Appointments Commission, arose
from the fact that Article 124 of the Constitution refers
to the Chief Justice of India, while the Form of Oaths
and Affirmations in the Third Schedule uses the term
Chief Justice of the Supreme Court of India. Is there a
distinction? The provisions concerning Supreme Court
judges fall under the head Union judiciary in the Con-
stitution, implying that the CJ is indeed the head of the
Supreme Court. In judicial matters, the CJ is the first
among judges enjoying equal status, but in a constitu-
tional sense, especially when playing the role of a con-
sultee in judicial appointments, he is the paterfamilias
of the entire judiciary. This dual identity presents no
conundrum when one remembers that the judiciary,
unlike the executive or the legislature, is not federal in
nature. While the State and Central governments, or
the State legislatures and Parliament, which are sover-
eign in their respective domains, have an element of
co-equality, the judiciary has a single hierarchy in
which the Supreme Court is at the apex. This is demon-
strated by the fact that under Article 141, the law de-
clared by the Supreme Court is binding on all the courts.
However, the question acquires an entirely different
dimension when seen in the context of the current
debate on whether the country needs a new mechanism
for judicial appointments the NJAC or it should
retain the collegium system introduced by the second
judges case in 1993. The collegium, originally a three-
member body conceived by the court, and later expand-
ed to include five members by the third judges case of
1998, was an institution in which the CJs consultative
role was encapsulated. If the NJAC, in which the Chief
Justice and two senior-most judges represent the judi-
ciary, while two eminent persons and the Union Law
Minister represent the executive, is going to replace the
collegium, does the CJ lose his constitutional identity
as a necessary consultee, and his role diminished to
that of an ordinary member in a multi-member com-
mission? In other words, the question seems to be the
one that the NJAC debate began with: should the judi-
ciary retain its primacy in appointments, or should it
share an equal responsibility with the executive?
An unsound
recommendation
big let-down amid an otherwise progressive
A narrative in the Department of Telecommuni-
cations recent report on net neutrality is its
recommendation to bring voice over internet
protocol-based (VoIP) domestic calling services, in-
cluding applications such as WhatsApp, under licens-
ing. The suggestion is that such services be regulated
through exercise of licensing powers available under
section 4 of the Indian Telegraph Act to ensure a level
playing field. This does not straightaway mean such
calls will be chargeable. The more obvious implication
is that such applications cant operate without the gov-
ernments permission, which might be granted only on
the fulfilment of certain conditions or the payment of a
fee, or both. The DoTs report is by no means final and
binding. Still, the stated logic behind such a suggestion
is open to question. The report says telecom companies
may become reluctant to invest in expansion of broad-
band infrastructure in an environment where apps
that provide similar calling services eat into their reve-
nues. Dont telecom companies benefit from the apps
that ride on whatever services they provide? Doesnt
more app usage mean more data consumed, which in
turn mean more revenues for telecom companies?
The recommendation could be flawed on multiple
grounds. One, there is a good chance that if the suggesti-
on is implemented the consumer might be worse off for
it. But before that, there is a big question mark over
whether differentiating a domestic VoIP call from an
international one is possible at all. Bar this recom-
mendation, the report does seem to largely reflect a
nuanced understanding of the complexities of todays
internet world. This is true even of its references to
zero-rating schemes, under which the user is offered
data or access to some sites free of cost. True, critics
have taken the report to task for not recommending a
ban on them. But there are novel zero-rating schemes
where the user is given free data and not a pre-selected
bouquet of sites, as Facebooks internet.org does (the
report doesnt seem to be in favour of this). Its heart-
ening that the report repeatedly pitches for net neutral-
ity, the principle of data equality that is important to
ensure the internet remains a level-playing field. At the
same time, it shows pragmatism in saying that enforc-
ing net neutrality principle is a new idea and may throw
up many questions and problems as we go along, and
that this may require a process of oversight. The report
is laced with quotes, including this one from Archibald
Putt: Technology is dominated by two types of people:
those who understand what they do not manage, and
those who manage what they do not understand. It is to
be hoped India doesnt live up to this.
CM
YK
www.jobsalerts.in
EDITORIAL THE HINDU
BENGALURU
MONDAY, JULY 20, 2015
The states flawed focus on madrasas
incorporation of skill-training courses and
In a scenario where the Muslim communitys so on. However, policy documents tend to
Hem Borker
impulse for modern education is discernible and conflate the madrasas scepticism and/or re-
jection of the state-led modernisation pro-
madrasas are responding to it, Maharashtras gramme with an ideology positing madrasas
and their leadership as opposed to modern-
Penning the conclusion of my doctoral thesis move to arm-twist madrasas into modernisation is isation. Academic work on the engagement
in education, I couldnt help notice the irony. between the Indian state and madrasas has
Here I was in Oxford closing my research on
gender and schooling in girls madrasas
while, back home, the Maharashtra govern-
both short-sighted and outright stereotyping
sas, policy focus should be on strengthening the biggest lacunae in present policy is a lack
revealed how the adoption of state-led mod-
ernisation is not a question of ideology alone
but a complex interplay of several factors
ment had arbitrarily decided to classify ma-
drasas that do not teach modern subjects as
non-schools. News reports of July 3-4, 2015,
regular schooling options in Muslim-dom- of due cognisance to the processes that
inated areas. Their argument is that the pol- would operationalise modernisation. For in-
icy emphasis on madrasas further stance, how will the inclusion of secular syl-
such as financial incentives, trust, how en-
gagement with the state impacts the position
of madrasas and access to community re-
say that the Principal Secretary of the Mi- marginalises Muslims. On the one hand, pol- labi in the so-called modernised madrasas be sources, maslak-based denomination and
nority Affairs Department sent a letter to the
Principal Secretary, School Education, say-
ing that students in madrasas which do not
teach mathematics, social science, science
and English should be considered as non-
icy discourse refers to educational back- achieved in terms of actual time allocated to
wardness as one of the main causes for the teaching of different subjects; ensuring
alienation of Muslims and acknowledges in- training and competence of teachers teach-
clusive education as a panacea. On the other ing school subjects in madrasas; integration
hand, the interventions confine the question of the differences between religious knowl-
related questions of organisational affilia-
tion. A shift in attention from the top-down
state-led modernisation programme to the
bottom-up processes shaping the increasing
voluntary move of madrasas towards so-
school going. of Muslim education to madrasa modern- edge and the modern knowledge of subjects called modernisation would be better. It
It is easy to club this as another move in isation which leads to a further isolation of into an unified whole in madrasas and so on? would allow the policy to become more at-
the Bharatiya Janata Party-led govern- Muslims and restricts their educational tuned with the complex processes shaping
ments history at the Centre and States to choices to exclusive Muslim-managed net- Complex linkages the demand for education emanating from
delegitimise and devalue idioms associated works and services such as madrasas. My research with madrasa students across the community and the response of
with Muslim identity especially given that The critique from other quarters such as North India indicates how the very premise madrasas.
madrasas have been a long-time favourite. the ulema and prominent religious scholars of the madrasa modernisation policy is di-
This unprecedented bracketing of madrasas presents state-led modernisation as a garb vorced from ground reality. The linkages be- A movement
a word that literally means places of to deprive madrasas of their independence tween madrasas and the education of Second, far from typifying one end of the
study as non-schools highlights larger and autonomy. Similar concerns were also Muslim communities are far more complex polarising spectrum of traditional versus
problems in the present policy discourse on voiced by a section of Muslim parliamentar- than the simplistic view expounded in policy modern and religious versus secular educa-
madrasa modernisation. ians in 2009 and cited as a reason for not framings which prejudges madrasa educa- tion, my research shows the constant move-
supporting the Central Madrasa Board Bill tion in binaries of traditional versus modern ment between madrasas and mainstream
Madrasa modernisation (2009) in Parliament that sought to create a and religious versus secular. The assump- educational institutions. The girls I re-
The present governments focus on ma- national level coordination mechanism as a tion that merely introducing modern curric- searched had studied in secular schools be-
drasa modernisation as a principal means for fore joining madrasas. Several of them while
development of the Muslim community is in the madrasa were simultaneously appear-
clear from the pronouncement in the The excessive emphasis in policy on madrasa reform ing for open school examinations through
Presidential address to the new Parliament the distance mode. Many of them on comple-
in June 2014 to the Rs.100 crore allocation tends to bracket madrasa education, and hence madrasa tion of their madrasa education opted for
for this in the Union Budget 2014. However, graduates, right at the bottom of an artificially created higher education in Central universities,
the Narendra Modi government is not the which recognised madrasa degrees. Madra-
first to champion madrasa modernisation. hierarchy of knowledge forms. sas foster peer networks and linkages, which
The Indian states policy interventions in aid students aspiring for more mainstream
Muslim education, irrespective of the party education in complex and unanticipated
in power, have long focussed on madrasa part of madrasa reform efforts. The support- ula will instantaneously modernise ways. The Muslim communitys impulse for
reform. First mooted as a policy measure in ers of madrasa modernisation, including madrasas betrays little understanding of the modern education is discernible and madra-
the 1980s, it was operationalised a decade some religious leaders, point out advantages micro processes at work. sas are responding to this demand emanat-
later with the Area Intensive Madrasa Mod- such as access to education in modern sub- The current policy discourse presupposes ing from within the community. In such a
ernization Programme. jects, improvement in teachers salaries and, the educational demand of Muslim parents scenario, the recent move of the Maharash-
A running thread in the contemporary presumably, quality of teaching, and the in terms of madrasas versus schools, ignor- tra State government to arm-twist madrasas
policy discourse on madrasas is the view that opening of opportunities for higher educa- ing intersecting factors that shape their into modernisation can be a policy short
they are more than minority educational in- tion, employment which would enhance the choices such as socio-economic marginal- sight at best, and outright stereotyping at
stitutions. They are regarded as outmoded relevance of madrasas. isation, a lack of alternative schools, a desire worst.
outliers imparting religion-centric educa- However, a common critique of state-led for a culturally appropriate mahaul [milieu]
tion, which offers little or no employment modernisation efforts levied by both sides, and a combination of dini [religious] and Insensitivity of secular spaces
outside the religious sector, and hence face a i.e. advocates and detractors, is the lack of duniyavi talim [worldly education]. The If policy is genuinely committed to its
crisis of relevance in modernising India attention in policy to the processes that emergence of madrasas across denomina- stated aim of mainstreaming madrasa stu-
along with posing the danger of radicalising would translate madrasa modernisation into tions embracing motifs of modernisation dents, it needs to pay closer attention to how
Muslim youth. Hence, the emphasis on what practice. In June 2014, following the an- without state aid highlights this changing transitions from madrasa to so-called main-
in policy parlance is termed as madrasa re- nouncement of the Rs.100 crore budgetary demand emanating from within the commu- stream spaces are experienced by Muslim
form or modernisation and mainstreaming allocation for madrasa modernisation, the nity. students. The experiences of students who I
of madrasa students. Deoband school rector publicly stated that A wide spectrum of madrasas across India interviewed revealed the insensitivity of sec-
A highly polarising subject, madrasa mod- there was little clarity on what the govern- have adopted so-called secular, modern edu- ular educational spaces to the religious-cul-
ernisation has its fair share of critics and ment wants to do as a part of the modern- cation by enacting measures such as an in- tural endowments that students possess due
supporters. Critics argue that given the Jus- isation programme. Academic scholars who clusion of subjects taught in schools in to their madrasa education and family and
tice Rajinder Sachar Committee estimates support madrasa modernisation have ex- madrasa curriculum; seeking recognition of community backgrounds.
that only 4 per cent of students go to madra- pressed similar concerns arguing that one of their degrees from mainstream universities, The excessive emphasis in policy on ma-
drasa reform tends to bracket madrasa edu-
cation (and hence their graduates) right at
the bottom of an artificially created hierar-
CARTOONSCAPE chy of knowledge forms. Policy haste to
mainstream madrasa students by applying
not well thought out universals from above
often proves counterproductive. It impairs
the learning process of students and ends up
alienating them, as the places where they are
supposedly mainstreamed (such as universi-
ties) have little sensitivity or regard for the
knowledge they possess. This is particularly
pertinent in a scenario where there is dismal
participation of Muslims in higher education
(the Kundu Committee Report, 2014). Rath-
er than the conventional perception of ma-
drasas as barriers, there is increasing
acknowledgement of their role in facilitating
higher education (National University of
Educational Planning and Administration
2012).
In a larger landscape of increasing com-
munalisation, where Muslims continue to
face social discrimination and exclusion in
education, housing, employment and devel-
opmental schemes, what would the product
of modernised madrasa stand to gain? Or
maybe the entire point of these constant
attempts to meddle with madrasas is to de-
tract from these larger questions.
(Hem Borker is a Clarendon Scholar and
D.Phil Candidate at the Department of
Education, University of Oxford.)
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.
Stampedes heavy footfalls, why are they
promoted with so much fanfare?
compassionate thought to address
agrarian distress. Smart cities and
The Hindus new look I agree with the views expressed by
other readers (July 17), also because
Is the administration there to look Pilgrimages are becoming ambitious plans can wait. Let there As a reader of The Hindu for the I have been an avid reader since my
after only our VIPs or the common spectacles rather than the quiet, not be a day when there are no past 20 years, I am very happy and school days in 1950. That said, I
man as well? In India, news of a reflective journeys they are meant farmers to plough the land. delighted to see the refreshed look have been watching each milestone
stampede is not something new, but to be. Politics and commerce have Balasubramaniam Pavani, and changes in keeping with time The Hindu has reached from time to
in this day and age when it results in transformed them into shows of Secunderabad and fashion. I started to read The time whether I am in India or
a high toll, it is cause for alarm muscular religiosity. This, perhaps, Hindu with the help of my father, elsewhere in the globe. I wish the
(Editorial, July 17, and Traffic jams is a reflection of our times, but Research & institutes since 1995 (from Class V onwards), paper continues with a
clog pushkaram routes and Two should the authorities not pause In his characteristically frank and starting with Young World, by determination that change is only
forthright manner, N.R. Narayana writing letters to the Mail Bag
killed in Puri stampede, both July and think if it is such a great idea to permanent as the Greek
19). If the lives of VIPs can be promote pilgrimages, considering Murthy has rightly bemoaned the column. Later, I began reading philosopher Heracletus said.
safeguarded, then there must be the pressure the crowds exert on poor quality of research work being short news items and then moved to P.M. Gopalan,
ample methods available to fragile systems? True, it may be carried out even in educational the Editorials and Op-Ed articles. Chennai
safeguard the life of the common unrealistic to expect disciplined institutions of repute in our country My father taught me to read,
man as well. When can we look behaviour at such large gatherings (Has IISc. contributed to society?: understand and make note of a The changes are quite appealing.
forward to non-biased crowd but the responsibility for ensuring Narayana Murthy, July 16). If elite new word per day with the help of a Instead of carrying out change for
management? the safety of the pilgrims, therefore, institutes of higher learning like the dictionary. I still follow his words of changess sake, the steps are
Anandu Suresh Govind, rests with officials in charge of the IISc and the IITs do not measure up advice: first of all, handling a meaningful modifications. As a
Thiruvalla event. to standards of excellence, one can newspaper itself is an art and reader of the newspaper for more
Padmini Raghavendra, well imagine the poor state of reading comes next. I use the than 50 years and ensuring that I
The issue is also about rational and Secunderabad academic culture prevalent in Oxford Dictionarys mobile get a copy irrespective of my place
irrational beliefs. State leaders universities in the country. Ever application to get the meanings of of work in India I am in a
should introspect and decide Rising suicides since the dawn of Independence, new words. The change in the transferable job I can say that the
whether they should encourage The tragedy of rising suicides, there has hardly been any research dailys style, viz., content, format, literary value it provides is
religious beliefs through the media especially in Karnataka is a project that can even be remotely new columns and font size, are an immeasurable. The Hindu has
and on a scale that indirectly causesdisturbing development (State compared with those done by global upgradation for the better. The only always played a vital role in
suffering. One wonders what the View, July 19). Though the farmer institutes. In all these years, it is change that is a bit disturbing is the developing the reading habit among
team from Singapore, which was feeds the nation, the distress he very rare that any of our advent of Full page the populace. The coverage of most
also visiting Rajahmundry, thought experiences never seems to be educational institutions have been Advertisements. My English subjects, and the importance given
about the massive gathering addressed in word and in spirit. The able to attract students from the professor used to say: Tell me what to readers views through the
rushing into a semi-polluted river. farming sector is sandwiched West. The fault for the present state English daily you read, and I will tell Letters to Editor column are very
K.M.K. Murthy, between the haves and have-nots of affairs lies in the stereotyped you how your command over the qualitative and which most other
Tenali, Andhra Pradesh and is at a crossroads; the next system of education, poor teaching English language is. Of course, I newspapers cannot match. The full
generation is not keen to explore a standards, the lack of emphasis on thank the daily. I now walk with page advertisements, especially on
Temple towns and pilgrimage living in this field, the weather is encouraging initiative and the pride every day, from the parking the first few pages, notwithstanding
centres across India are thronged often fickle and power supply is general atmosphere of lot of my office to my work station their economic aspect, are a bit of
by lakhs of pilgrims every year. But erratic. Mere announcements of nonchalance. with a folded copy of the daily. an irritant at times.
when these places do not possess loan waivers and subsidies will not G.S. Rajagopal, Bharath J., Vazuthur Raghavan,
the infrastructure to support such suffice. It requires deeper and more Bengaluru Thanjavur Bengaluru
BG-MY
 www.jobsalerts.in
10 | EDITORIAL THE HINDU
BENGALURU

TUESDAY, JULY 21, 2015

An agreement that was called a deal

the Dunkel Draft but millions of farmers ag-
It is only in the last year that there has been some itated against an imaginary enemy named

Sanjaya Baru
TUESDAY, JULY 21, 2015
Ten years ago, on the morning of July 19,
2005, the readers of The Hindu would have
A storm seen a boxed news item next to the front page
lead story with an innocuous headline that
read Manmohan expresses satisfaction over
to ride out talks. It was not just the byline of the writer
(N. Ravi, the newspapers former Editor-in-
Chief) that justified the placement of that
pposition parties will be opposition parties report, but its stunning opening line: In a
course correction in Washington and New Delhi Uncle Dunkel.
It was for this reason that a document was
over the historic nuclear deal. If in 2005 it was the prepared explaining how the nuclear deal was
all about delivering electricity to people, es-
nuclear deal that opened the door to a strategic pecially power starved rural India. The docu-
ment was translated into all languages and
partnership, in 2015 it is the strategic partnership
that has enabled a closure on the deal
copies made available to members of Parlia-
ment and State legislatures. The media cam-
paign that followed generated adequate
zling that there has been no celebration of
such a historic achievement of its last Prime
nuclear liability law, Mr. Modi can say much
the same to Dr. Singh! While the Bush-Singh
public support for the nuclear deal so that
every public opinion poll conducted during
the period 2006-2008 showed majority opin-
Minister. Of all his achievements in the Prime agreement was not just about nuclear energy, ion supporting the government on the deal.

O even if they had been in power until very

recently. So on the eve of the monsoon ses-
sion of Parliament, the ruling Bharatiya Jana-
ta Party must be finding the attitude of the principal
opposition party, the Congress, strangely discomfiting.
While the Congress seems bent on disrupting the ses-
sion over issues such as corruption charges against Min-
isters and Chief Ministers, the BJP is without the moral
authority to demand a reasoned, regulated debate. After
all, the strategy of the Congress and other opposition
parties is the same one that the BJP had adopted against
the Congress-led United Progressive Alliance govern-
ment. With two important pieces of legislation at stake,
on land acquisition and the goods and services tax, the
Narendra Modi government cannot afford to let the
session descend into din and noise. The opposition
wants to strengthen popular perceptions of wrongdoing
and of an ineffectual government. But in the absence of
an informed debate in Parliament, the government will
be unable to advance its legislative agenda. Disruption
works better for the opposition than for the govern-
ment. The louder the noise the better it is for the opposi-
tion parties: unfortunately, commotion and confusion
in Parliament seem to get them better media mileage.
Both the Lalit Modi saga and the Vyapam scam have
put the BJP on the back foot. Although the leaders most
under pressure are the BJP Chief Ministers in Rajasthan
and Madhya Pradesh, any mis-step will take a toll on the
image of Prime Minister Modi and his government. Mr.
Modi was able to generate a pan-India appeal ahead of
the 2014 general election; this very appeal is now under
stress, resulting in State-level scams tarring the BJPs
national image. As the undisputed leader of the BJP, Mr.
Modi will be expected to discipline erring Union Minis-
ters and Chief Ministers. Unlike his predecessor Man-
mohan Singh, who was seen as politically weak and
therefore ineffectual, Mr. Modi will have no excuse for
inaction. To not act in the face of grave allegations would
be seen not merely as a sign of political weakness, but as
a sign of complicity. The BJPs strategy seems to be to
back its Chief Ministers fully. But, despite its absolute
majority in the Lok Sabha, the party would need the
moral support of its allies to deflect Opposition attacks.
The Shiv Sena would not be easy to placate. If the
stand-off persists, it is the government that will have to
force a resolution. But the opposition needs to do more
than make some noise if it sincerely believes that the
government is in the wrong. Informed discussion and
smooth conduct of parliamentary proceedings will go a
long way in clarifying the details of the murky affairs.
significant development after the meeting
that Prime Minister Manmohan Singh had
with American President George Bush at the
White House, the United States, acknowl-
edging that India is a nuclear weapons power,
agreed to cooperate with it in the area of
civilian nuclear energy.
Thus began the long, rocky and uncertain
journey of the Agreement for Cooperation
Between the Government of the United
States of America and the Government of
India Concerning Peaceful Uses of Nuclear
Energy that finally secured the Indian Par-
liaments imprimatur three years later. The
agreement came to be called a deal because
it was viewed in transactional terms by many
in both countries. One U.S. Congressman put
it bluntly during a meeting with Dr. Singh,
its 123 for 126 the reference being to the
123 Agreement that had to be signed and the
126 fighter jets that the United States hoped
India would buy from it. Others rejected such
a transactional interpretation and viewed the
agreement as the key that enabled both coun-
tries to open the door to a longer term strate-
gic partnership.
The 10th anniversary
Interestingly, a decade later it was left to a
think tank in Washington DC to bring togeth-
er a group of some of the former U.S. and
Indian officials, associated in various capac-
ities and to varying degrees, with the negotia-
tion of the agreement. There has been no
similar high level celebration of the 10th an-
niversary of the Bush-Singh deal in India.
Even the Congress Party has remained silent,
not making any statement so far to remind
the people of an important achievement of its
own government. For a party that observes so
many ritual anniversaries, it is indeed puz-
CARTOONSCAPE
Ministers Office (PMO), Dr. Singh will be
remembered for the nuclear deal.
In the U.S., on the other hand, given the
bipartisan support for the agreement, the
gathering last week in Washington DC was
addressed by U.S. Vice President Joseph Bi-
den. It may be recalled that as a member of
the U.S. senate at the time, President Barack
Obama had actually voted against the 123
agreement. In government, Mr. Obama has
not only endorsed the agreement entered in-
to between Mr. Bush and Dr. Singh but also
joined hands with Prime Minister Narendra
Neither the Congress nor the BJP has been willing to openly
endorse the fact that the deal was made possible by the
actions of successive Congress and BJP Prime Ministers.
Modi to complete the journey begun a decade getting the 123 agreement done became im-
ago by endorsing a mutually agreed fudge on portant in itself, and not just as a step towards
Indias civil nuclear liability law. a U.S.-India strategic partnership.
Political reading
Despite the fact that the Congress and the
Bharatiya Janata Party (BJP) are implicitly
on the same side as far as the civil nuclear
agreement and the strategic partnership with
the U.S. are concerned, neither party has been
willing to openly endorse the fact that this
agreement was made possible by the actions
of successive Congress and BJP Prime Minis-
ters P.V. Narasimha Rao, Atal Bihari Vaj-
payee, Manmohan Singh and Narendra Modi.
As I recorded in my book, The Accidental
Prime Minister, on completing the 123 agree-
ment with the U.S., Dr. Singh told Mr. Vaj-
payee, I have only completed what you
began. In tying up the loose ends of the civil
but also about defining a new relationship
between two great democracies, the immedi-
ate considerations that defined the timetable
of the agreement getting finalised had as
much to do with Mr. Bushs tenure coming to
an end as it had with uranium shortage in
India and the falling capacity utilisation at
nuclear power plants. With some nuclear
power plants on the verge of shutdown and
with even friendly countries like Russia in-
sisting that India needed the approval of the
Nuclear Suppliers Group (NSG) before any
fresh export of uranium could be authorised,
ar liability bill that his government had
An energy initiative
An important reason why the agreement
was projected as an energy initiative was be-
cause many in government believed that po-
litically it would be difficult to sell to the
public a complex technical agreement with-
out giving it a popular basis. Some political
leaders like Lalu Prasad and Sharad Pawar
recalled how the Narasimha Rao government
was put on the defensive during the Uruguay
Round of world trade negotiations because
the Opposition projected the Dunkel Draft,
a draft agreement authored by Arthur Dunkel
(the last director-general of GATT General
Agreement on Tariffs and Trade) as anti-
farmer. Few in India may have actually read
This is not to say that India was not serious
about increasing generation of nuclear ener-
gy. It is not widely known that for years the
plan target for nuclear energy generation was
that it would constitute a mere 3.0 per cent of
total energy generation at home. In actual
fact, in the mid-2000s it was not even 2.0 per
cent. The proponents of the nuclear deal
hoped that with easier access to uranium and
new nuclear plants, India could try double
nuclear generation capacity by 2020. No
more.
Setbacks
Two developments have come in the way of
this objective getting realised. First, in his
second term Dr. Singh failed to get parlia-
mentary approval for the original civil nucle-
drafted in early 2010. Neither Prithviraj
Chauhan, then the Minister dealing with
atomic energy in the PMO, nor Shivshankar
Menon, then National Security Advisor, was
able to sell the original draft bill to the Oppo-
sition. Even though some senior members of
the BJP had no problem endorsing the origi-
nal draft, the L.K. Advani faction of the BJP,
including Sushma Swaraj and Yashwant Sin-
ha, teamed up with the Communist Parties, to
demand redrafting of the Bill.
In the first such instance of taking the Op-
positions help to draft a government bill (lat-
er repeated when Anna Hazares supporters
were drafted into writing the Lok Pal bill) the
Singh government rewrote its own bill and
introduced elements that have since made
the liability law stillborn.
The second development was the Fukushi-
ma disaster in Japan that, on the one hand,
increased the cost of building nuclear power
plants and, on the other, revived the global
anti-nuclear campaign.
For all these reasons, it may be argued that
the expected take-off of the civil nuclear en-
ergy programme has not happened. However,
when the political and business environment
is more hospitable for the resumption of a
larger civil nuclear energy programme, the
U.S.-India agreement, the NSG waiver and
the many uranium supply deals India has
entered into would all make it easier for new
investment to come in.
What of the U.S.-India strategic partner-
ship? The 123 agreement was done at a time
when the U.S., under the Bush presidency,
and India, during the first Manmohan Singh
government (UPA-I) had shared strategic
concerns. The 2008-09 trans-Atlantic finan-
cial crisis and its aftermath altered the global
context. The first Obama administration and
the second Manmohan Singh government
virtually abandoned the nuclear deal and

Japans security strayed away from the nascent strategic part-

nership. It is only in the last one year that
there has been some course correction in

dilemma both capitals. If in 2005 it was the nuclear

deal that opened the door to a strategic part-
nership, in 2015 it is the strategic partnership
that has enabled a closure on the nuclear deal.
he security legislation proposed by Japanese (Sanjaya Baru is the author of The

T Prime Minister Shinzo Abes administration

moved a step closer to becoming law when
Parliaments lower house approved it. The
bills, which seek to rewrite the countrys post-War
Accidental Prime Minister: The Making and
Unmaking of Manmohan Singh and Director
for Geo-economics and Strategy,
International Institute for Strategic Studies.)
pacifist security policy, are now before the upper
house. Over a period of seven decades, Japans security
policy, shaped under a war-renouncing Constitution
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

following the misadventures of the imperial regime,

has been focussed on self-defence. But the present bills
seek to replace the self-defence doctrine with collec-
tive self-defence, that would allow Japan to send
troops abroad to rescue allies under attack. This big
shift in approach makes the legislation controversial
and unpopular. According to recent polls, only a quar-
ter of the Japanese population supports the legislation.
But Mr. Abe seems determined to take it forward.
This is mainly because of two inter-connected fac-
tors. First, Japan has come under huge pressure from
the U.S. to revise its security doctrine. During Mr. Abes
visit to the U.S. in April 2015, both Japan and the U.S.
announced new security guidelines which urged Tokyo
to take more responsibility in their bilateral security
arrangement. Mr. Abe promised U.S. lawmakers to
approve a new defence bill package by this summer.
This explains why the Prime Minister is in a hurry to
get the bills passed despite opposition. Second, the
nationalist politician that Mr. Abe is, sees it as a neces-
sity to have an outward-looking security policy to con-
tain Chinas rise. He had earlier proposed to have a
strategic diamond of four maritime democracies
Japan, the U.S., Australia and India to counter Chi-
nese influence in the Pacific. Mr. Abe has criticised
Chinas territorial ambitions in the South China Sea,
and Tokyo and Beijing have a dispute over islands in
the East China Sea held by Japan. But the question is
whether the move to reorient the pacifist security pos-
turing, which ensured peace over the last seven dec-
ades when Japan rose as an economic powerhouse
from the ruins of the Second World War, would help
Tokyo address its security challenges, or lead to a
flare-up of tensions in an already volatile East Asia. If
the latter happens, that would create wrinkles in East
Asian stability as the rivalry between China and Japan,
that has historical dimensions, would worsen. That will
not be in the interest of either Japan or Asia. Japan
should also be wary of joining the great game between
the U.S. and China in the Pacific one an existing
super power and the other a rising super power. In-
stead, it should focus on solving its problems with
China bilaterally, and work towards essential regional
stability. For that to happen, the best way will be to
continue its acclaimed policy of renunciation of war.
CM
YK
(The states flawed focus on
Monsoon session madrasas, July 20). Although
The fact that it is not only the Islam forms a significant part of
Opposition but also the government Indias composite heritage and
that is working out strategies for the culture, an exclusive policy has
forthcoming session of Parliament silently been at work to keep the
is shocking (July 20). Has masses at bay from getting to know
Parliament become the staging post the real face of Islam. As a result, a
to display arrogance and the politics vast majority considers Islam as an
of vendetta? When was the last time alien faith and Muslims as other
we had a fruitful session with robust people. In India, madrasas have
discussion and law making? When it been working to disseminate the
has now been decided that this knowledge of Islam and Islamic
session is going to be a washout, it studies which is within the
would be unwise to expect anything constitutional right to preserve
other than high drama. religion and heritage. Many
Athul J., madrasas have also been teaching
Kochi English and computer literacy to
their students. But what are the
The BJP might be formulating steps that have been taken by the
strategies, but unless the government to improve the lot of
Opposition also chooses to play ball those students who have graduated
it would be difficult to conduct any
from government schools and
sort of meaningful business in both universities? Policy intervention to
Houses. The BJP has already earned reverse the social discrimination
enough notoriety by stalling and bias against Muslims in the
Parliament time and again when it fields of education and employment
was in the opposition and had even will go a long way in strengthening
derailed an entire monsoon session India, politically and economically.
when the UPA was in power. Syed Sami Ullah,
C.V. Aravind, Hanamkonda, Telangana
Bengaluru
The writer appears to repose little
It is unfortunate to see the rulingfaith in the Indian education system
BJP trying to protect its top leaders
and its policies. The statement that
now in the eye of a storm. Is it not
Muslim students feel alienated in
disgraceful that Ministers are being
secular educational spaces is a
safeguarded instead of being made clich because the writer herself
to face an inquiry? It is mentions that only 4 per cent of
disheartening to note that it has students go to madrasas; it is
become customary for parties to be axiomatic that a student who has
brazen about such issues. The BJP spent years studying religious
seems to be no exception. books to feel alienated as he or she
Meenakshi Pattabiraman, may be quite unaware of the ethics,
Maduraicultures of other religions and
society especially in India where
Focus on madrasas the population is largely Hindu-
Whenever national policies on dominated. The curriculum
education have been envisaged and followed by 96 per cent of students
revised, Islamic studies have been has been developed by some of the
systematically and deliberately greatest minds so that a student
kept out of the school curriculum generally progresses without any
hint of any bias towards any is not only about the quantity of
religion, caste, gender or class. So. if food available to the poor, but its
a secular syllabus and secular quality. It is a scientific fact that
environment is deemed to be meat contains all essential amino
insensitive by students from acids (the amino acids that the body
madrasas, then something is cannot synthesise on its own). In
terribly wrong with them. order to obtain this from vegetarian
Sandeep Kumar, sources, one needs a mixture of
New Delhi foods, not easily accessible to the
poor. The point that protein from
The whole issue is yet another meat may be impossible to provide
political move to use religion as a to the entire world population
plank to gather greater mass without severely damaging the
support. Such moves are enough to world ecology, is worth discussing.
alienate the largest minority The writer would have scored a
community. Also the intended point had the cause of eliminating
move goes against the very spirit of malnutrition in India been the
the Constitution which gives focus of the article.
religious minorities the right to George Thomas,
establish and maintain their own Chennai
educational institutes. Even if there
are apprehensions, the Vamsee Juluri makes a compelling
argument for vegetarianism as a
governments actions have to be
based on sound facts, based on long-term solution to
research or a committees sustainability. In the case of
recommendations. Such abrupt vegetarianism, I would like to add
decisions hurt the fabric of equality. that protein and fats are essential
The state must spend its time and for a babys development in the first
energy to look at the dismal quality year of life. The initial source is
of primary education in mothers milk which contains the
conventional schools as has been fat and proteins necessary to
consistently stated in the Annual nourish the infant. Once the baby is
Status of Education report rather weaned, the need for protein and fat
than delving into such matters has to be met from other sources. In
which are less likely to yield a vegetarian diet, these can come
anything. The nation is screaming from yoghurt, cheese, ghee, high fat
loud for a good quality education milk and other sources of protein; I
and we must not let the think rural India has very little of
demographic advantage to turn into these.
a nightmare. Without going into the pros and
Annapurna Garg, cons of vegetarianism versus a meat
Faridabad diet, I would think that unless one
can offer a similar source of protein
On vegetarianism and fat, at a cost equal to that of an
It is unfortunate that Vamsee Juluri egg, we should not impose any kind
has reduced a serious issue like of dietary restrictions on children
malnutrition, more specifically the who are unable to even comprehend
issue of protein malnutrition in their nutritional requirements.
India, to yet another example of Furthermore, an egg is easily
anti-Hinduism (A meatless preserved at ambient temperatures,
argument, July 20). The real crux is free of pathogens once cooked,
of the issue of malnutrition in India, and relatively easy to keep without
refrigeration. The same cannot be
said of cheese, milk and yoghurt. I
will not even talk about ghee which
is a luxury accessible to elite
vegetarians.
Raj Khalid,
Mumbai
A sanitation solution
It is the mentality of treating public
space as nobodys space that results
in grave sanitation issues (In India,
no toilets for women, July 11;
Sanitary workers dread
Pandharpur festival, and
Temporary toilets force indirect
manual scavenging, both July 20).
It is this mindset, rather than the
paucity of funds to build a toilet, or a
mans insensitivity to the plight of
his womenfolk; a selfishness and an
absence of thought for others in
society that make the problem of
open defecation intractable. But,
help is at hand. The simple concept
of composting toilets seems to
have solved the problem of human
waste disposal even in the
developed world. All that is needed
is a large, sturdy bucket-like
container with a lid that becomes
the seat for the toilet (or adjustable
platform for squatting). The matter
is then covered with a layer of dry,
organic matter like straw or waste
from pulped coffee beans, rice husk
or sugarcane leaves. In time, the
organic waste becomes compost.
The advantages are many: the cost
is just a fraction of what would be
spent on the flushing system; there
is no odour, no pollution of water
bodies and manual scavenging is
done away with. Most importantly,
people learn to deal with their own
waste. If compassionate corporate
heads understand how this system
operates, it would result in a
revolution and better standards of
health and hygiene.
Sharada J. Schaffter,
Chennai
BG-MY
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10 | EDITORIAL THE HINDU WEDNESDAY, JULY 22, 2015
BENGALURU

A battle without winners In turn, Malhotra has become a caricature

Shiv Visvanathan
WEDNESDAY, JULY 22, 2015
When controversies erupt, they can be reve-
lations about society. Ironically, many con-
Trial and troversies reveal little about the issue at hand
and a lot more about the protagonists. Let me
take this forward. The recent debates around
error the publishing industry, and which are very
much in the news are what I would call so-
ciodramas about how intellectual activity is
he Supreme Court, in its 1980 Bachan Singh treated under the current regime. The debate
The process of critique, the acknowledgement of
error, and apology are more in tune with the
rituals of scholarship. Instead, in the case of
Rajiv Malhotra and his Western critics, there has
been a melodrama where the rituals of scholarly
debate were abandoned
about challenging similar interpretations
that were evident over the last two decades,
contending in particular that Marxist and
psychoanalytic interpretations of Hinduism
Malhotra, an effective irritant, was a heckler
who showed up the vulnerability of Western
scholars. In their battle with him, condemn-
ing him as being superficial was not enough
with his defence in which his surreal re-
sponse has been to claim ridiculously that
Sanskrit has no quotation marks. Yet, schol-
ars cited others for thousands of years, and
that Western standards are not the only
norms for acknowledgement. Here, Malho-
tra is being naive, in fact illiterate. As some-
one with a science background, he should
have realised the creative and normative role
of the footnote and quotation marks. The
acknowledgement of a source becomes a sign
and a symbol of knowledge; as a gift that
signals the collective reciprocity of scholar-
ship. He claimed that he had acknowledged
Nicholsons work but conceded that some

T vs State of Punjab ruling, laid down the rar-

est of the rare principle in handing out the
death penalty. However, the high frequency
of the award of capital punishment by trial courts
across the country should give pause for thought. New
research findings from the Centre on the Death Penalty
at the National Law University in Delhi show that trial
courts handed down 1,800 death sentences over the
last year. Trial courts have been handing out death
sentences at the rate of ten a month for the last 15 years.
Much of the debate around the death penalty in India
centres on Supreme Court rulings and observations,
and with good reason. Last year, while handing down
its Shatrughan Chauhan vs Union of India ruling, the
Supreme Court spelt out clear guidelines on the legal
rights of prisoners on death row. Higher courts have
the opportunity to rectify flaws in lower court judg-
ments; indeed, fewer than 5 per cent of the 1,800 death
sentences were confirmed by the Supreme Court, and a
third resulted in acquittal. However, the new numbers
point to the fact that too little attention is being paid to
the wanton misuse of the death penalty in Indias lower
courts, resulting in decades spent on death row while
there is only a slim probability of it being confirmed.
Why trial courts are handing out death sentences at
such a fast pace needs to be studied. These courts are
more proximate to crimes than higher courts in terms
of occurrence and distance, and their working is poorly
scrutinised by the media. And the data are rarely super-
vised by the High Courts under whose jurisdiction they
come. In addition, a fair amount of confusion prevails
over the circumstances in which the death penalty
should be given, on account of lack of clarity on the part
of higher courts. The principle of the rarest of the
rare seems subjective considering that among the 385
prisoners now on death row in India, the largest pro-
portion is there for murder, and 25 per cent for com-
mitting a single murder. Nor can we automatically
assume that the higher courts are confirming the de-
serving cases. Fourteen eminent former judges wrote
to President Pranab Mukherjee about the death sen-
tence having been wrongly given in 13 cases: two of
these convicts had already been executed. These were
cases in which not just the trial courts but the High
Courts and the Supreme Court too had seemingly
erred: every level of the system had then failed them.
The moral imperative apart, the inconsistent outcomes
from the judicial system on this question should be
reason enough for India to urgently revoke its position
on the death penalty.
around contemporary Tamil writer and poet
Perumal Murugans novel, Madhorubagan,
which came under attack from right-wing
forces, and which also led to his decision to
quit writing, and Wendy Donigers book on
Hinduism, The Hindus: An Alternative His-
tory, which led to an uproar and ultimately a
virtual ban of her book in India, are examples
that have shown up the fragility of Hindu and
caste identity. The banning and withdrawal
of books in these two cases were done merely
to placate angry groups. In Perumal Muru-
gans case at least, the publisher fought a
courageous battle, but in Donigers case, the
publisher and one of great standing gave
up in a cowardly fashion. But these two de-
bates set the stage for something even more
comical the strange case of plagiarism by
the scholar Rajiv Malhotra.
Challenging an interpretation
Rajiv Malhotra fancies himself to be a gadf-
ly. A philanthropist-turned-author, this non-
resident Indian who is based in New Jersey,
U.S., has been attacking Western texts which
denigrate Hindu deities. Like many diaspor-
ic Indians, he is one who feels that Western
interpretations of Hinduism are arrogant,
colonial and ethnocentric, and has made it
almost his mission to challenge and confront
Western academicians who dominate the
narratives around Indic culture and religion,
especially Hinduism. He has also been called
the philosopher-in-chief of Internet Hin-
dutva.
The roots of this case are interesting. Mal-
hotra was upset that in the school his chil-
dren were in, the teacher refused to take a
class on Ramakrishna after considering such
a topic to be inappropriate. The teacher had
formed this opinion based on a psychoana-
lytic study of Ramakrishna by the academic
and writer Jeffrey Kripal. Malhotra was sur-
prised by such an interpretation and set
CARTOONSCAPE
were outrageous.
Malhotras case is a classic one of a migrant
complaining about the dominant white
Christian culture having caricatured his eth-
nic identity in a way that his children were
embarrassed to be Indian. He, along with
other diasporic Indians, then ventured on a
campaign which acquired a life of its own.
An intellectual struggle
In many ways, this diasporic drama re-
minds one about Edwards Saids controver-
sial book on Orientalism. But Orientalism
was a scholarly book that sought to challenge
Ban and censorship are not the tools of scholarship In
general, the demand for bans has become instant these days.
And to see scholars demanding bans is disconcerting.
the paradigmatic basis of Western scholar-
ship dismantling it through a powerful exe-
gesis. Said was a great scholar, a master of
Western music, an authority on Joseph Con- Abandoning norms
rad, and an advocate of the Palestinian cause,
who understood the politics of knowledge in
depth. Malhotras response was more can-
tankerous seeking to combine personal in-
sult with many valid points to such an extent
that for many scholars, he became a red flag.
They accused him of a calculated viciousness
when he dubbed them as being misfits and
deviants in their own culture.
In this controversy, there are two things
one must notice. This is not a debate between
the colony and the metropolitan centre.
Rather, it is a struggle between Western aca-
deme and diasporic people flexing their in-
tellectual and financial muscles. Second, a lot
in this war was very different online por-
tals became the sites of intellectual struggle.
It is clear to his critics in the West, that
to stop his campaigns. So, it went a step
further when Richard Fox Young, a professor
at a Princeton theological seminary, accused
Malhotra of plagiarising the works of Andrew
J. Nicholson, especially his Unifying Hin-
duism. The battle then took a more vicious
term. He was charged with plagiarism in two
of his books, Breaking India (2011) and In-
dras Net (2014).
One has to emphasise that there are no
innocents here. Malhotras defenders were
conducting a campaign to fight for and de-
fend their pride and culture from what ap-
pears to be an example of Western
been abandoned and become the first
caricature. But scholars like Young are equal-
ly determined in pursuing what they want.
the Puritanism of Christianity, and focussing
Both sides in fact have abandoned the aca-
demic norms of scholarship, with blog sites
and Twitter being the staging ground for new
kinds of intellectual duelling. In all this, it is
not only the accusations per se that bother
the reader, but also the assumptions and bi-
ases which literally create folklore out of the
sociology of knowledge.
To the Western scholar, Malhotra is an
interloper and a Hindu enthusiast who at
best should be a consumer of their work. He
should not be a critic. Second, he is an ama-
teur invading the professional world of schol-
arship when Indology and Orientalism
should have been the first to recognise the
role of the amateur. But do they realise that
even science recognises the creative role of
backyard astronomers?
acknowledgements were more equal than
others.
Yet, Fox Young and others are for a blood-
letting and have been demanding the with-
drawal of Malhotras books. This is
disconcerting, for ban and censorship are
not the tools of scholarship, anymore than
the vicious invectives used by Malhotras
network. In general, the demand for bans has
become instant nowadays. And to see schol-
ars demanding bans is disconcerting. The
ritual of critique, the acknowledgement of
error, and an apology are more in harmony
with the rituals of scholarship. Instead, in
this case, both sides have created a melodra-
ma where the rituals of scholarly debate have
casualties.
In analysing the attitudes of both sides,
they have each shown a piety and arrogance.
Each side has displayed an unfairness that is
unbelievable. For example, while condemn-
ing psychoanalysis, Malhotra has presented a
psychological critique of Western scholars as
being sex starved misfits seeking to escape
on creating bits of Hindu exotica. Yet, at
another level , he is almost positivist in the
Western interpretation of data. One wishes
that both sides had curbed their anger and
arrogance and stuck to scholarship.
The larger import
One must also comment on the way the
controversy has been consumed. The Indian
liberal Left and secular protagonists were
delighted by the attacks on Malhotra. They
saw in it a vindication of their own battles
against Dinanath Batra and other elements
who attack Indian academe. But what is wor-
rying in this debate is its larger import
where the current regime seems to treat syl-
labus reform in a cavalier fashion, and in
dismissing Left scholars from academic com-
mittees without considering their innovative
ideas. There is something sinister about the
plans by the Rashtriya Swayamsevak Sangh-
Bharatiya Janata Party to change syllabi. It
might be therapeutic to gloat over little victo-
ries but it destroys the very ecology of schol-
arship that allows for detachment and
plurality.
Finally, a majoritarian regime backed by
an overconfident diaspora is a threat to dis-
senting scholarship. Yet, dissent must retain
the codes of scholarship and learn to debate
openly, seriously and systematically. Also,
the syllabus wars being waged in India can-
not be won in party offices or through state
interventions. In fact, secular scholars must
now re-examine, in a more creative manner,
the role of religion and religious mentalities.

Historic They must see themselves more modestly as

trustees of scholarship rather than as custo-
dians of the truth. As that happens, the power

fly-by of the Malhotras and Batras driven by the

RSS envy will fade.
Speaking the truth to power is never easy
but that is the logic of scholarship. What we
istory was made on July 14 when NASAs

H
have witnessed in the Malhotra affair, as in
New Horizons became the first spacecraft to the Doniger case, is a feud which seems to
successfully fly by the dwarf planet Pluto, never end, with both sides appealing to forces
the last unexplored world in the Solar Sys- outside the academe. Eventually, one hopes
tem. This it did after travelling a distance of nearly 5 that scholarship will reassert its autonomy
because the biggest casualty in the current
billion kilometres since its launch in January 2006. debate is the demise of the university as an
The scientific treasure that has been returned since institution that pursues the ritual power of
then by the baby grand piano-size spacecraft has al- scholarship as craftsmanship.
ready dramatically surpassed expectations. A satel- (Shiv Visvanathan is a professor at Jindal
lite carrying the ashes of Clyde Tombaugh, the School of Government and Public Policy.)
astronomer who discovered Pluto in 1930, confirmed
Plutos pride of place as the largest object in the Kuiper
belt: Pluto was demoted to dwarf planet status in Au-
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

gust 2006 after the discovery of Eris, of similar size, in

the Kuiper belt. Contrary to expectations, the first
close-up image revealed that the surface of Pluto was
not riddled with any impact craters formed by objects
bombarding it. Without doubt, the surface is very
young, probably less than 100 million years old, and the
only way to explain this is by rejecting the grand old
theory of an inert Pluto made up of ice and rock.
Instead, the dwarf planet is geologically active with an
internal heat source that drives the engine, and it has
some yet-to-be deciphered mechanism that refreshes
the surface from time to time; tidal heating can be ruled
out as Pluto does not orbit any giant planet. Similarly,
the existence of high mountains, possible volcanoes,
fault lines, rift valleys and other features underlines the
presence of active tectonics. Similar to the crater-free
surface, a mountain range jutting out 3,500 metres
above it is also less than 100 million years old, and is
one of the youngest surfaces seen in the Solar System.
Much like Pluto, its largest moon Charon too has a
young surface with geologically diverse features. More
images are expected to be sent on by the spacecraft
until August next year, and these could contain invalu-
able information about both Pluto and its moon, and
other objects in the Kuiper belt.
Getting as close as 12,500 km of the dwarf planet
after travelling for nearly a decade and covering a
distance of nearly 5 billion km is an extraordinary
achievement; scientist Neil deGrasse Tyson likened it
to a hole-in-one on a two-mile golf shot. With explo-
ration being second nature to humans, it is expeditions
such as these that awaken curiosity and fire our in-
terest in science. Unlike other mega-science projects of
equal importance, space exploration has always had
the power to hold ordinary people under a spell. Indias
m` oon mission Chandrayaan-1 and the recent Mars
Orbiter Mission Mangalyaan, certainly rekindled in-
terest in science among students. At a time when basic
science appears to have become less attractive, expedi-
tions such as these could help reverse the trend.
CM
YK
India and IS threat advertising agency concerned education, which is mandated in Ahmad Kathrada and almost all the the pages of The Hindu. Fridays
coming into the picture would not India as a right of the child. other books by South Africans of page, which gave an overview of
The massacre in Tunisia recently have arisen. It can be safe to To say so is not to imply that Indian origin on the liberation International affairs, was worth
and similar incidents in France, conclude that it was only after madrasas should not exist or that struggle of South Africa (I was waiting for. Closer home, the
Kenya, Bali and Egypt, all linked in The Hindu reported the details of a they are not important. They are with him for 26 years, July 21). victory over Pakistan and the
form or other to the IS, have Rs.6.31 crore agreement, that the special schools of religious Ahmad Kathrada is an important liberation of Bangladesh in the 1971
prompted a surge of shock and actor have a change of heart. As the education that are distinct from the personality who helped Madiba war by Indian armed forces was
revulsion. In all this, what is of maxim goes, It is easy to be wise general schools. Minorities have shape his general perception of news that we devoured with utmost
concern to India are reports of IS after the event. The story would be the right to run educational India on various aspects, especially glee. In the 1980s, the momentous
making attempts to spread its complete only if DD Kisan comes institutions of their choice, but during the early post-liberation happenings in the USSR and the
sinister agenda beyond out with its version of the story. Let whether religious schools should be period. ultimate disintegration of the
Afghanistan and Pakistan, which in us hope that the easily earned given aid from general educational There are as many as 120 books Eastern Bloc found space. The front
turn is a move that threatens India money may be well spent for the funds of the state, just because they that are related to the Gandhian era page was something to look
as well being the country with the cause of the distraught Indian are minority-run, is a moot point. of passive resistance and the ANC`s forward to as we used to wonder
second largest Muslim population farmer. A.N. Lakshmanan, struggle of defiance which need to which news item would command
(Centre wakes up to threat posed C.G. Kuriakose, Bengaluru be republished in India. A number enough importance so as to be
Kothamangalam, Kerala
by IS, July 21). Except for a few of Indians from various States published on this page.
misguided youth and their Without going into the issue of the including Gujarat, Tamil Nadu and Despite this, disappointment
vulnerability, India has by and large Focus on madrasas relevance of madrasa education, I Andhra Pradesh contributed their began to set in. The front page
been free of its doctrine, but we There is no need to reduce the would like to highlight a quiet mite to the liberation movement appeared to be disappearing.
cannot afford to be complacent. As madrasa debate to the level of a revolution taking place in Ranchi, and they certainly deserve to be Maybe the term front page news
the march of IS shows, stable Hindu-Muslim issue (The states Jharkhand, which has a large but recognised and honoured by India had no true meaning now after the
societies are vulnerable and can flawed focus on madrasas, July mostly poor and ghettoised Muslim and South Africa. advent of 24*7 news channels
still be disrupted. Online forums 20). This is because, in Islam, population. A large number of girls K. Bala Sundaram, breaking news every minute. But
are being used to recruit and culture is subsumed by and is a from these impoverished Muslim Dharmapuri still to see a paper like The Hindu
influence tens of thousands of confined part of religion and cannot families, and smartly attired, are offer its cover page for commercial
people from around the world after change and evolve. Madrasas being enrolled in various secular schools The Hindus new look purposes was a hard thing to digest.
abandoning their sober and stable Islamic religious or religion- run by Christian institutions. And I have been a reader of The Hindu Added to this were an increasing
lives. Therefore, Indian sanctioned institutions, cannot, they are doing quite well. from the age of 10 Im 54 now. number of advertisements eating
intelligence agencies have to strictly speaking, contemplate any Invariably, at least one Muslim girl The habit of reading the daily was into news space. I wanted to voice
understand the true dimensions of cultural education other than that is placed among the 10 top scorers imbibed from my parents who were my protest but somehow loyalty to
this group and take pre-emptive of an Islamic society, nor are they of her school in the board avid readers of this great paper. In the paper has made me keep my
measures. equipped with the facilities to do so. examinations each year. In colleges this period, the world was an counsel to myself. Maybe someone
H.N. Ramakrishna, Any attempt at a restructuring will as well, one often comes across exciting place to be in with in the daily heard or felt this. I have
Bengaluru only cause ideological and Muslim girls who are comfortable struggles going on in different parts noticed to my delight that there are
organisational, as well as practical, socialising. And all this is and with which we identified more pages with a lot more of news
Bachchan and DD Kisan problems. The basic fact one that happening without any form of ourselves and fervently wished for coverage. Due weightage is being
From the events that have unfolded is accepted by the vast majority of government intervention. their success. Examples are given to local, regional, national
and matters that have come to light Muslims in India is that madrasa Bachchan Kujur, liberation struggles in Latin and international news. The quality
(Ad firm to refund Amitabhs education cannot equip and Gurgaon America, those against colonialism of news presentation has definitely
endorsement fee to DD Kisan, prepare children to live, prosper in Asia notably in Vietnam, taken a turn for the better with
July 21), it is amply clear that actor and coexist in the modern world of Time in prison Mandelas struggle for equality and quite a few reports making news.
Amitabh Bachchan was initially not science, technology, global The article on Ahmed Kathrada was against apartheid in South Africa, Its as if we are witnessing the birth
inclined to work pro bono for the economy and pluralism. It cannot elating especially for someone like the Palestinian struggle for of a new Hindu.
DD Kisan channel. If it was be considered the equivalent of me who has visited Robben Island existence and self-determination V. Ajaya Kumar,
otherwise, the question of the general primary and secondary and also read the Memoirs of events that found ample space in Hyderabad
BG-BG
 www.jobsalerts.in
10 | EDITORIAL THE HINDU
BENGALURU

THURSDAY, JULY 23, 2015

An atonement gone too far?

independence lay shattered by the govern-
The radical nature of judicial intervention along ment, its reputation in shreds.

Arghya Sengupta
THURSDAY, JULY 23, 2015
Hard cases, it is said, make bad law. The adage
is widely considered true for the Supreme
A case Court of India which held in the height of the
Emergency, in ADM Jabalpur v. Shivkant
Shukla that detenus under the Maintenance
for mercy of Internal Security Act (MISA) could not
approach the judiciary if their fundamental
rights were violated. Not only was the law laid
he rejection by the Supreme Court of a cura- down unconscionable, but it also smacked of
with the sweeping nature of orders against
governments gives rise to the irresistible inference
that public interest litigation was the Supreme
Courts way of atonement for its genuflection
before government during the Emergency
cle 21 of the Constitution that had been sus-
pended was the sole repository of life,
personal liberty and judicial review in the
they had held that the right to life cannot be
absolutely subservient to public order merely
because the government declared so the
Noted scholars have inferred that the Su-
preme Courts activist avatar in the 40 years
since and particularly prominent today, can
directly be traced to this dark episode in its
history. Justice Bhagwati, the pioneer of the
public interest litigation movement in the
Supreme Court publicly apologised for his
judgment, rare for a Supreme Court judge. At
his behest, the Court came to the rescue of
bonded labour, girls in protective homes, un-
dertrial prisoners, minimum wage workers
and several other disadvantaged and needy
groups in society. The radical nature of such

T tive petition by Yakub Abdul Razak Memon,

the only one sentenced to death for involve-
ment in the 1993 Mumbai serial blasts, marks
the exhaustion of his last judicial remedy. However,
hanging him will be cruel and inhuman, for more than
one reason. With the masterminds Dawood Ibrahim
and Tiger Memon, Yakubs brother, remaining out of
the reach of the Indian authorities, it will only give the
impression that the lone man available among the
many brains behind the ghastly act of terrorism is
being singled out. The other 10 men who had planted
the explosives were also handed down the death sen-
tence by the Designated Court, but the Supreme Court
commuted those to life. It said Yakub held a com-
manding position, as he made nancial and travel
arrangements for the other accused who later planted
the explosives. He cannot escape the consequences of
his role, but whether hanging him will be the appropri-
ate punishment is something to be pondered over. The
Memon family came under suspicion mainly because
Tiger Memon was the principal conspirator. They
fuelled further suspicion by eeing, and were later
found to have travelled abroad on Pakistan passports.
However, most of them, including Yakub, ultimately
returned to India to face the legal consequences. In the
overall circumstances of the case, it is certainly debat-
able whether Yakub Memons case would fall in the
category of the rarest of the rare cases the Supreme
Court itself laid down would merit the death penalty.
Yakub Memons impending execution on July 30
may not take place as scheduled, as he has shot off
another mercy petition to the President. Under a land-
mark ruling in January 2014, the Supreme Court has
humanised the way the state deals with death row
convicts. In terms of that judgment, a convict cannot be
executed for 14 days after the rejection of a clemency
plea. An earlier mercy petition led on his behalf by his
brother was rejected by the President, but his own plea
may have to be considered afresh. Taking into account
the fact that in the last 22 years Yakub is the only one
whose death sentence has been conrmed by the judi-
ciary in the case, the executive itself can reduce his
sentence to one of life instead of fuelling another round
of litigation by rejecting his mercy petition. There will
be an inevitable debate on how a man who played a
signicant role in the serial blasts, which left 257 dead
and 713 people wounded, could be shown any mercy.
Some will see the situation on merits, and others will
voice their principled opposition to the death penalty.
The only way to avoid this endless debate is to abolish
the cruel and irreversible punishment of death itself.
a Court more executive-minded than the
executive, complicit in its own independ-
ence being shattered by an all-powerful gov-
ernment. So deep has been the impact of this
judgment that the Supreme Courts current
activist avatar is widely viewed as having its
genesis in a continuing need to atone. Expres-
sions of such atonement have created another tion, there can be no debate on the proposi-
Court made to measure this time not to the
measure of the government but rather the
aggrandised self-image of some of its judges.
It has often been heard during discussions
surrounding the 40th anniversary of the
Emergency in the last month, that the Su-
preme Court had its darkest hour in this peri-
od. For those not familiar with the history of
the Court, it might be instructive to under-
stand why. In ADM Jabalpur, the four judges
in the majority, Chief Justice A.N. Ray and his
successor Chief Justices M.H. Beg, Y.V. Chan-
drachud and P.N. Bhagwati handed down a
judgment that was fatally awed in law. Given
that the consequences of their error were
entirely to the governments advantage, it was
widely viewed as the death of an independent
judiciary. The excessively deferential, almost
apologetic language used by the judges con-
rmed this impression.
Life, a bounty of the government
The legal question before the Court was
whether as a consequence of a presidential
order suspending the fundamental right to
life and personal liberty (Article 21) during
the operation of the Emergency under Article
359 of the Constitution, detenus who had
been put behind bars under the provisions of
MISA without any reasons being provided,
could challenge their detentions as unlawful
in a court of law. The majority held that Arti-
CARTOONSCAPE
Constitution. Further, that the rule of law in
an Emergency would be entirely what the
government said it should.
On both counts, the judges were entirely
mistaken. While it is an arguable proposition
legality of detentions could be judicially re-
viewed, though the intention of the govern-
ment would not be second-guessed by the
Court. This was a delicate balance. The Su-
preme Court however reversed this view and
judicial intervention coupled with the sweep-
ing nature of orders against elected govern-
ments, makes the inference irresistible that
public interest litigation was the Courts
shrewd and humanist atonement for its ge-
whether there is a right to life and personal made the right to life and personal liberty nuection before government during the
liberty in natural law, outside the Constitu- literally a bounty of the government. If this Emergency.
genuection did not look perverse per se, in
tion that the power of judicial review, i.e. the hindsight as the real rationale of the Emer- In activist mode
power of the Supreme Court to examine the gency became apparent, it was devastating for Today, however, while public interest liti-
legality of executive action does not depend the image of the Court as an independent gation has restored the independent image of
on Article 21. Thus, whether a detention or- institution. the Supreme Court, it has achieved this at the
der under MISA was validly issued in terms of cost of quality, discipline and the constitu-
the statute itself is a question that the Court Speaking truth to power tional role judges are expected to perform.
must remain competent to adjudicate on not- It was only the dissenting judgment of The Court monitors criminal trials, protects
withstanding the emergency at hand. Other- Khanna J. that spoke truth to power. On the the environment, regulates political advertis-
wise, under the pretext of the Emergency, a one hand it did not enquire into the subjective ing, lays down norms for sexual harassment
in the workplace, sets guidelines for adoption,
supervises police reform among a range of
For an unelected and largely unaccountable institution such as other tasks of government. That all these
tasks are crucial but tardily undertaken by
the Supreme Court to be at the forefront of matters government can scarcely be questioned. But
relating to governance is dangerous for an unelected and largely unaccountable
institution such as the Supreme Court to be at
the forefront of matters relating to govern-
government can and in the case of Indira satisfaction of the government as to whether ance is equally dangerous the choice of
Gandhis government did round up its op- an emergency proclamation was required or issues it takes up is arbitrary, their remit is
ponents in the name of national security. In whether detention of particular persons was not legal, their results often counterproduc-
legal terms, the rule of ultra vires, that the act expedient. At the same time, it did not pro- tive, requiring a degree of technical compe-
of government cannot go beyond the power vide a carte blanche to the government, pre- tence and institutional capacity in ensuring
vested in it by the legislature, is hardly a serving a minimal but signicant remit for compliance that the Court simply does not
creature of Article 21; it is a principle of com- judicial review to assess whether the legal possess. This sets an unhealthy precedent for
mon law that predates the Constitution. requirements for detaining a person had been other courts and tribunals in the country,
Second, as a court of law, the Supreme met. As a price for his honesty, Justice Khan- particularly the latter whose chairpersons are
Court was called upon in this case to balance na was superseded when by convention he usually retired Supreme Court Justices. To
the interest of public order in an Emergency ought to have been appointed the next Chief take a particularly egregious example, the Na-
with the right to life and personal liberty Justice of India. With Justice Beg accepting tional Green Tribunal has banned diesel vehi-
guaranteed to every person. Nine High the governments offer in deance of conven- cles more than 10 years old in Delhi and if
Courts called upon to perform the same func- tion, the Supreme Court looked all too hu- reports are to be believed, is considering im-
tion had found a nuanced answer by which man; yet another institution in India whose posing a congestion charge for cars as well.
That neither of these are judicial functions
and are being unjustly being usurped by a
tribunal that has far exceeded its mandate, is
evidence of the chain reaction that the Su-
preme Courts activist avatar has set off
across the judicial spectrum.
Finally, the Courts activism adds to a mas-
sive backlog of regular cases that makes the
Indian justice delivery mechanism, slow, un-
reliable and inefficient for the ordinary litiga-
nt. As on March 1, 2015, there were over
61,000 cases pending in the Supreme Court
alone. It might be worthwhile for the Court to
set its own house in order, concomitantly
with telling other wings of government how
to do so.
As we mark 40 years of the Emergency and
the darkest period in the Supreme Courts
history, it might be time to not single-mind-
edly harp on the signicance of an independ-
ent judiciary. Judicial independence, is and
must remain a cherished virtue. However, it
would be blinkered to not confront newer

Good in principle, challenges that damage the credibility of our

independent judiciary today unpardonable
delays and overweening judges taking on the

tough to practise mantle of national government by proxy. The

Supreme Court 40 years on is a different
institution it must be cognisant of its histo-
ry but not at the cost of being blind to its
he ill-effects of indiscriminate liquor con- present.

T sumption on standards of living and public

health are well-known. It is for this reason
that the Directive Principles of State Policy of
the Constitution require the state to endeavour to
(Arghya Sengupta is Research Director,
Vidhi Centre for Legal Policy, a New Delhi-
based legal policy think-tank.)

bring about prohibition of intoxicating drinks and

drugs except those for medicinal purposes. After the
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

decision of the Kerala government to close down bars

other than those in ve-star hotels and to introduce
prohibition in a phased manner, political parties in
Tamil Nadu are increasingly talking of pushing for a
ban on liquor if they come to power. The Dravida
Munnetra Kazhagam has now joined the Pattali Mak-
kal Katchi in campaigning for a ban, with its president
M. Karunanidhi promising total prohibition if voted to
power. Actually, it was Mr. Karunanidhi who in 1971
withdrew prohibition in Tamil Nadu, going back on the
policy formulated by DMK founder and former Chief
Minister C.N. Annadurai. At that time, his argument
was that prohibition cannot work in isolation. Al-
though Kerala has taken a huge step toward restricting
consumption, Tamil Nadu is by no means surrounded
by liquor-free States. For instance, Puducherry, not far
from Chennai, is known as a tipplers paradise. More-
over, the States nances are shored up by revenue
from liquor sales. Many of the governments freebie
schemes actually run on revenues from duties and
taxes levied on liquor. Also, political functionaries at
the lower levels of the hierarchy benet hugely from
bootlegging and the sale of illicit liquor during periods
of prohibition. While many womens groups support
prohibition, the political will to crack down on illicit
liquor will doubtless be weak in such circumstances.
Any ban on liquor sales will necessarily have to co-exist
with a spurt in bootlegging and illicit distillation.
As a policy, prohibition has met with little success
anywhere in India. Even when it has helped bring down
overall consumption, prohibition has led to loss of lives
in hooch tragedies. The high levels of enforcement
required for prohibition result in a severe drain on the
States nances. Prohibition enforcement agencies of-
ten become enmeshed in corruption. Tamil Nadu, like
Kerala, has had a history of hooch tragedies. In recent
years, with the easy availability of liquor in rural areas,
the State has been free of such deaths. Indeed, in 2002
the AIADMK government encouraged manufacturers
to introduce cheaper liquor to wean away rural workers
from hooch. If history offers any lessons, it will require
enormous resources and tremendous political will for
prohibition to succeed. So far, political parties have not
shown the necessary political will, and governments
have been unable to muster the needed resources.
CM
YK
power seeking votes against about the parents of teenagers
Amending Land Bill corruption has now fallen silent. between the ages of 16 to 18 but
speech, yet treat alternative
narratives as heresy. Intellectual
This eating out
The Prime Minister Narendra B. Prabha, hardly so when it comes to the rigour is not the monopoly of any It was deeply disconcerting to read
Modi has had to bite the dust on the Varkala,Kerala parents of those who have suffered particular school of thought. the report, A meal with the family
controversial Land Bill by because of loopholes in dening V.N. Mukundarajan, in thelapofnature (Some
admitting that the changes brought Rights of children adult age. Has she forgotten the Thiruvananthapuram editions, July 22), where the
in by the government to the Land Trying 16-18 year olds as adults and countrywide protests when the attempt seems to have been to
Acquisition Act of 2013 have not locking them up behind bars erodes juvenile in the Nirbhaya case was Shiv Visvanathan may have tried to evocatively bat for people to go
gone down well (PM relents, may the entire premise of human and almost allowed to walk free only effect a balance by writing about ahead and have picnics inside
agree to amend Land Bill, July 22). child rights on which international because he was few days short from the controversy surrounding forests. It is common for people to
But the change of stance by the standards and norms have been becoming an adult? Are people like Wendy Donigers book and Rajiv confuse forests with parks and
Prime Minister is only a half- founded (Crime and her concerned about juvenile rights Malhotras works, but the timing of recreational areas. After all, the two
hearted attempt to resolve the commensurate punishment, July only after the government is trying Richard Fox Youngs charge of are used interchangeably in
impasse as each State now framing 22). The Juvenile Justice Bill to get over a grey area? plagiarism does give away his Westernnature reserves. The
its own law on land acquisition will denotes a regressive attitude of a Sandeep Kumar Meena, sinister intent. Both the books by situation in India is however, vastly
only compound the complex issue. political system that is shirking its New Delhi Mr. Malhotra have been around for different.
Consensus building on important duty to address the root causes more than a year. What appears to Legally, one is not allowed to
issues with differing opinions behind the horror of teenage A melodrama have triggered Fox Youngs camp in forests without the
across the political spectrum is not crimes, sexual or otherwise. The writer (A battle without outburst may have been the permissionofthe forest
an attribute Mr. Modi can lay claim Poverty, a lack of education and winners, July 22) has missed an address by Mr. Malhotra at the department, however innocuous
to. Instead of leaving it to the opportunities, or even an absence important aspect that inuences World Sanskrit Congress earlier the reason. The rules are even more
States, it would have been more of the right care, guidance and love Western reactions to academic this month where he announced stringent in tiger reserves and
gracious and statesmanlike for him throughout ones life are all that it challenges emanating from other that his new book would challenge wildlife sanctuaries where no
to agree to incorporate these takes to cause a child to stray. cultures. The unstated assumption the existing Western notions of anthropogenic activity except
provisions in the Bill now pending Instead of lowering the age limit for or conviction of the Western Sanskrit. Also, Mr. Malhotras regulated tourism is allowed (and
before the Upper House. But how minors, sentencing them to a intelligentsia about the inherent demand to have a debate with these grazing in the latter). Indian
far will he go? lifetime of abuse and brutality, and superiority of the Western Indologists has been turned down wildlife is largely nocturnal. Once
S.K. Choudhury, overburdening a system that is civilisation lies at the root of their repeatedly. the picnickers leave, they
Bengaluru already creaking under pressure, it intolerance towards criticism of K. Chandrasekaran, inevitably consume plastic with
is time that resources are invested their scholarship. For them, Bengaluru bitsoffood only to suffer the
Day 1 in Parliament in reformation, counselling and modern civilisation started with consequences later. It is the
TheNDAgovernment appears to rehabilitation homes. It is up to the the Enlightenment movement in The Memon case dutyofthe media to spread
be contending with the same Rajya Sabha now to prevent a Europe, no matter that advanced Legally, Yakub Memon does not awareness while simultaneously
dilemma that the churning out of hardened criminals civilisations ourished for have a case (SC dismisses Yakub ensuring stakeholder choices are
secondUPAgovernment faced in by laying emphasis on a difference centuries in other parts of the Memons curative plea, July 22). not affected. People can picnic in
the 2G spectrum between revenge and reform. It world when the West was His guilt has been proved beyond parks and gardens instead but
andCoalgatescams (Resignations must also lay stress on a complete wallowing in backwardness. Take all reasonable doubts and wildlife needs spaces with
rst, say Cong., CPI(M), July 22). overhaul of the juvenile justice any book by a Western scholar with therefore, he should suffer negligible disturbance to survive.
TheUPA argued then that it was system and aim for comprehensive, titles such as Why states fail or punishment. But, how long are we In the report, the forests in
mere guesswork by the CAG and collective and reformative their variants, and the to apply the policy of an eye for an question, in Adilabad, are home to
was rm in not allowing a solutions. predominant view will attest that eye? We largely follow the British oneofthe newest tiger reserves in
discussion. In the end, Shivani Makkar, states collapse owing to lack of type of parliamentary the country Kawal. With
Dr.ManmohanSingh denied his New Delhi Western institutions like administration. Britain abolished problemsofnaxalism, local
personal involvement in the scams democracy or free markets. capital punishment a long time ago. hunting and lackofattention from
and continued as Prime Minister Pinki Virani appears to have One attribute shared by Western Even hard-core criminals are no the forest department to contend
till voted out. Prime Minister presented only one side of the scholars and liberal academics in longer sent to the gallows; India with, this new problemofwell-
Narendra Modissilence story. She should know that India is the belief that their world could also follow suit. Convicts like meaning but ecologically
onLalitModiandthe Vyapam advances in a childs level of views and belief systems are Yakub Memon should be held destructive tourism could do
scams indicates his intention to understanding, decision-making indisputable. They are guilty of the without any parole and sentenced without wholehearted, one-sided
travel the same path his capability and a sense of right and sins which they accuse their to hard labour. support from the media.
predecessor did. It is paradoxical wrong are progressive. She also opponents of intolerance and T. Anand Raj, Akshay Surendra,
that a government which came to appears to be a lot more concerned irrationalism. They advocate free Chennai Chennai
BG-MY
 www.jobsalerts.in
12 | EDITORIAL THE HINDU
BENGALURU

FRIDAY, JULY 24, 2015

The Iran deal, a triumph for diplomacy

a letter to an American President was itself
A confluence of factors led to the nuclear deal something new. Neither Khamenei nor his

Stanly Johny
FRIDAY, JULY 24, 2015
Till a few years ago, it was difficult even to
imagine that a diplomatic solution would be
Undervaluing found to the Iranian nuclear crisis. Iran and
the West, particularly the United States, had
been on a collision course for decades. This
privacy animosity reached its zenith under U.S. Presi-
dent George W. Bush who launched a global
campaign to impose crippling sanctions
he Attorney Generals contention in the Su- against the Islamic Republic aimed at stran-
between Iran and the U.S. While in Iran it was the
factor of popular protests against the regime, in
the U.S., it was the ascendance of Barack Obama
to presidency
the deal. Reformist Mohammed Khatami,
who was President during 1997-2005, had
called for dialogue between the peoples of the
U.S. and Iran. The Clinton administration
welcomed this, and U.S. State Secretary Ma-
Defence Secretary who advises the President
to send troops to Asia should get his head
examined].
The administration faced daunting chal-
lenges in Asia: stabilising Iraq and Afghan-
predecessor, Ayatollah Ruhollah Khomeini,
had ever directly communicated with the U.S.
since the 1979 revolution. So, the correspond-
ence between Mr. Obama and Khamenei was
viewed in Washington as a signal for a go-
ahead in nuclear talks.
The clerics choice
But the decision in Iran to get into direct
talks with the U.S. was taken much later, and
it was triggered by a silent reformist move-
ment that gradually gained prominence in
Tehran. Reformists were very active in Teh-

T preme Court that privacy is not a fundamental

right is disquieting in the context of the ongo-
ing debate over the implications of the collec-
tion of biometric data from citizens. It is true that the
AG was only replying to the question whether making
people part with personal data was not an intrusion into
their privacy, and saying that there is a need to defend
the Aadhaar scheme. However, the governments stand
may give rise to the doubt whether it is truly committed
to protecting its citizens from violations of their privacy
by the unauthorised use of information provided by
them. The Constitution does not specify right to priva-
cy as a fundamental right, but the law on the subject has
evolved considerably in India, and privacy is now seen
as an ingredient of personal liberty. Identifying citizens
for providing various services, maintaining security and
crime-related surveillance and performing governance
functions, all involve the collection of information. In
recent years, owing to technological developments and
emerging administrative challenges, several national
programmes and schemes are being implemented
through information technology platforms, using com-
puterised data collected from citizens. With more and
more transactions being done over the Internet, such
information is vulnerable to theft and misuse. There-
fore, it is imperative that any system of data collection
should factor in privacy risks and include procedures
and systems to protect citizen information.
The government faces a formidable legal challenge in
implementing its ambitious unique identication pro-
gramme. Pleas have been made before the Supreme
Court questioning the lack of a statutory basis for the
collection of biometric details, and the government has
to meet this point to the courts satisfaction. Instead of
arguing that privacy is not a fundamental right, it would
do well to assure the court that it has the technology and
systems to protect the data collected. And that it would
do everything possible to prevent unauthorised dis-
closure of or access to such data. A Group of Experts
appointed by the Planning Commission and headed by
Justice (retd.) A.P. Shah, came out with a comprehen-
sive report in 2012 containing a framework for a Privacy
Act. Such a law, it said, should recognise all dimensions
of the right to privacy and address concerns about data
safety, protection from unauthorised interception, sur-
veillance, use of personal identiers and bodily privacy.
Underscoring a set of privacy principles, the committee
said the underlying idea should be that the data con-
troller should be accountable for the collection, proc-
essing and use to which data are put. In its zeal to
aggregate data in electronic form and target subsidies
better, the government cannot ignore its responsibility
to protect citizens from the perils of the cyber era.
India and
the IS
he meteoric rise of Islamic State into a state-
gulating its economy. In it was also a threat to
bomb the country to stop it making nuclear
weapons. On its part, Iran took advantage of
the crises triggered by U.S. interventions in
West Asia to expand its regional inuence as a
hedge.
From those bitter days, the U.S.-Iran rela-
tionship has undergone major changes within
a relatively short span of time. And, the nucle-
ar deal wouldnt have been clinched unless
such a transformation had taken place in bi-
lateral ties. So, what triggered both nations to
change their approaches to each other that
set the stage for a multilateral deal on one of
the most complex crises in West Asia?
Of course, U.S. President Barack Obama
and his Iranian counterpart Hassan Rouhani
deserve credit. From the very early days of his
presidency, and when compared with the
hostility towards Iran advocated by his pred-
ecessor, Mr. Obama had taken a pragmatic
view of the nuclear stand-off. The Obama
administration continued with the sanctions,
while at the same time signalling his read-
iness to engage with the Islamic Republic.
Tehran responded positively to this outreach,
leading both sides to hold secret negotiations
in early 2013, in Oman, an understated Amer-
ican Gulf ally that has good ties with Iran. The
election of the moderate Rouhani as Irans
President in August 2013 breathed new life
into the diplomatic process. But historical
enmities do not always get resolved only by
the commitment of leaders. While leaders
vision and resolve are an imperative, their
efforts should be pushed by other factors,
notably political, economic and geopolitical,
for comprehensive solutions to deep-rooted
crises. In the case of Iran, there was a con-
uence of such factors that were in favour of a
peaceful solution.
The doctrine that backred
Mr. Rouhani is not the rst Iranian Presi-
dent who expressed a willingness to engage
with the West. In 1995, former President
Hashemi Rafsanjani had offered a $1-billion
oil deal to an American company, in an appar-
ent readiness to engage with the U.S. econom-
ically, but U.S. President Bill Clinton scuttled
CARTOONSCAPE
deleine Albright even reiterated our [the
U.S.s] willingness to engage in officially au-
thorized discussions with Iran. In the early
years of the Bush presidency, both Iran and
the U.S. seemed to be on a new path of cooper-
ation. And, after the September 11, 2001 ter-
ror attacks in the U.S., Iran had even assisted
the U.S. invasion of Afghanistan and partici-
pated in international efforts to establish a
new Afghan government.
It was a chance for a rapprochement. But
the Bush administration, perhaps driven by
its neoconservative doctrine of reshaping
the Middle East through the use of force,
abandoned the path of cooperation and in-
stead lumped Iran with Iraq and North Korea
as being the Axis of Evil. Mr. Bushs strategy
was to bomb Iran, oust the Mullahs from
While the nuclear deal between Iran and the West has removed
one of the major obstacles in real rapprochement, resistance
from conservative opponents on the one hand and Israel and
Saudi Arabia on the other could end up being the spoilers.
power, and turn the country into another
client state that would benet American cor-
porations economically and would not pose
any strategic threats to Israel. But this plan
never took off as the U.S. got bogged down in
the mess in Iraq after the ouster of Saddam
Hussein.
Mr. Obama became President at a partic-
ular juncture of American history. The coun-
try was in the midst of an economic crisis; its
people were tired of the wars the previous
administration fought, and from a strategic
point of view, American power was in steady
decline. Its so-called leadership of the world
was in a state of disarray. There was also a
vibrant anti-war movement in the U.S. These
factors forced the Obama administration to
recalibrate the countrys foreign policy.
There was also a realisation in the adminis-
tration that one more full-scale war in West
Asia would be even more disastrous for the
region. [Robert Gates, Mr. Obamas former
Defence Secretary, once said that any future
istan; neutralising terror groups operating
from within the region and dealing with Iran,
all without risking one more major war. The
way ahead was to open the door of diplomacy
for Iran. This is because Iran is a spoiler
regional power, as the University of South
Floridas Mohsen M. Milani puts it; one that
is insufficiently powerful to shape West Asia
to its own liking, but sufficiently powerful to
make it costly for the U.S. to achieve its own
goals. So, the Obama administration chose to
engage with Iran, hoping to bring the spoiler
power to the table of stability.
Obama- Khamenei correspondence
Since the revolution, the two key driving
forces of Irans foreign policy were the surviv- following the sanctions. Public resentment
al of the Islamic Republic and anti-American-
ism. But the Iranian leadership, particularly
the conservatives, consider these two as in-
terconnected forces. It was Khatami who
tried to separate one from the other and link
up the Islamic Republics survival with a con-
structive engagement with the outside world.
But Khatamis efforts collapsed as the U.S.
failed to reciprocate.
George W. Bushs anti-Iranism only helped
reinforce the view in Tehran that the U.S.
continued to be a threat to the survival of the
Islamic Republic and that Iran, as a counter-
move, would continue to destabilise Amer-
ican interests in West Asia. Mr. Obama tried
to disrupt this narrative by writing a letter
directly to the Iranian Supreme Leader, Ali
Khamenei, immediately after he assumed of-
ce in which he expressed an interest in nu-
clear cooperation. Khamenei wrote a letter
back, as officials from either side later re-
vealed, but it mostly blamed the Americans
for their past in trying to destabilise Iran.
Still, the fact that Irans supreme cleric wrote
rans power corridors when Khatami was the
President, but they couldnt bring in any mea-
ningful measures those years because of re-
sistance from the conservatives. The mass
protests that broke out after the controversial
re-election of Mahmoud Ahmadinejad in
2009 were a moment of reckoning for the
elite in Tehran. Though Khamenei endorsed
Mr. Ahmadinejads victory over Green move-
ment leader Mir Hossein Mousavi, the un-
precedented protests had already turned the
tables. In two years, streets in the Arab world
witnessed scenes of protests against dictator-
ships, sending alarm bells ringing across the
region. Iran was particularly vulnerable as
the countrys economy was in a bad shape
against Mr. Ahmadinejad was overowing.
On the regional front as well, Irans sphere of
inuence was on the wane after the rise of the
Islamic State (IS) and the civil war in Syria.
Khamenei had to make a choice: either con-
tinue the same conservative (foreign and do-
mestic) policies and risk public anger (which
in Egypt and Tunisia proved fatal for even
well-entrenched regimes), or adapt to new
realities, engage with the outside world and
explore ways to unfreeze the countrys real
potential. He chose the latter, displaying a
degree of statesmanship on the issue.
Convergence of interests
Besides the internal dynamics, the new ge-
opolitical realities in Asia also played a crucial
role in bringing the U.S. and Iran together.
For example, the U.S. shares more strategic
interests with Iran in Iraq and Afghanistan
than any other Asian country. Take the case
of Iraq, a country that the Americans helped
destroy. Several key cities in the northwest
are in the hands of IS. If Baghdad falls, it
would be a setback for both American and
Iranian interests in West Asia. America
doesnt want to send ground troops to Iraq
and its aerial campaign alone cant defeat IS.
It needs allies on the ground, and the battle
for Tikrit in Iraq has shown that American
warplanes and Iranian-trained Shia militias
can coordinate in attacking IS. In Afghan-
istan, both sides have coordinated once in
taking on the Taliban. The Revolutionary
Guards had worked with U.S. special forces in
the 2001 war. Iran would not like to see the
Taliban returning to power in its neighbour-
ing country, which would not only be a strate-
gic blow, but also be a direct threat to millions
of Afghan Shias. The U.S., which has with-
drawn most troops from Afghanistan, now
wants Irans help in stabilising the country.
So the stage is set for greater cooperation.
And the deal on the nuclear issue has re-
moved one of the major obstacles in real rap-
prochement. What next? The U.S. would like
Iran to no longer be a spoiler power and
instead play a stabilising role in West Asia,
suited to its interests. On the other hand,
before effecting any structural change in its
foreign policy orientation, Iran would seek
strategic assurance from Washington that it
would not return to anti-Iranism. But the
road ahead is not easy. There are conservative
opponents on both sides to such a rapproche-
ment. Besides, two of the U.S.s key allies in

T like apparatus from the detritus of the civil

war and insurgency-riven Iraq and Syria has
been well-documented. How the terror group
has managed to retain control over territory it holds,
the region Israel and Saudi Arabia would
resist any attempt to bring Iran into the dip-
lomatic mainstream. Will the U.S. be able to
withstand their pressure and build a new are-
na for partnership with Iran? Or will the Ira-
through a mixture of brutality, fear and immense mon- nians, with the sanctions removed and
ey power, has also been noted widely. What is perhaps economically empowered, ditch the U.S. and
less understood is how it has managed to draw recruits go to the Russians? Only time will tell.
stanly.johny@thehindu.co.in
from all over the world. A tentative reason being offered
is the radicalisation of some alienated Muslims even in
countries that promote multiculturalism and the ease
of assimilation of minority identities within the nation-
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

state. Another is the spread and reach of exclusivist

ideologies such as Wahhabism and Salasm that are Relevance of MRP
being promoted by West Asian state actors. IS practises The writer has not taken into
with virulence even more extreme versions of these. account the purpose behind MRP
It is in this context that the Union Home Ministrys (Time to abolish the MRP, July
decision to formulate a coherent national strategy to 23), which is to help customers
take on IS and prevent Indians being recruited by it avoid getting short changed by
retailers. Although it is true that it
must be seen. Reports have indicated that less than a restricts the retailers right to
dozen Indians have joined IS in the past year, even as IS determine his price, the
symbols have been seen in places such as Kashmir at correlation of making such a right
rallies led by separatist groups. The NDA government absolute would only mean that the
and the Prime Minister have gone on record saying that customer will have no choice but to
pay whatever the price demanded,
IS has negligible support among Muslims in India. This or abandon the need to buy the
is accurate. ISs millenarian and medieval notions of product. The belief that
Islam treats Muslims who do not adhere to its ideology, competition among retailers will
especially members of other non-Sunni sects of Islam, ultimately level off prices is too
as apostates. Islam in India, on the other hand, has a ideal for an Indian scenario. The
broad syncretic reach; despite the presence of a funda- writers contention that the MRP
system is dysfunctional only calls
mentalist streak among certain pockets, Islam in India for a strengthening of the system
has generally been spared from the overweening inu- and not for a complete repeal.
ence of West Asian Wahhabism or the Saudi version of Mohammad A. Shareef,
Salasm. In other words, the possibility of the ideolog- Hyderabad
ical inuence of groups such as IS coming to play in
India is limited. Yet, there is the distinct possibility of IS One of the arguments put forth,
that the retailer should have right
targeting or inuencing disaffected youth among the to sell the commodity at any price,
community. Radical groups have spread their inuence is the one that totally demolishes
in the last decade owing to grievances and disaffection, all the other valid arguments cited.
following incidents such as the Babri Masjid demolition It rests on the premise that the
and the Gujarat riots, and some of them have linked up consumer will move to another
retailer who sells it cheaper and
with terrorist groups. The Indian states ability to hold thus create a sense of
true to its secular fabric and to its Constitution will competitiveness among retailers.
determine how far it can stem such disaffection. The On the other hand, one sees a
threat of IS in India has to be tackled not just by means cartelisation which is harmful to
of a security-oriented response through coordination the consumer. MRP is only a way of
among police and intelligence agencies as has been protecting the consumer.
Suryanarayanan S.,
proposed by the Home Ministry but also by ensuring Chennai
that the grounds of this disaffection among Indias
largest minority community are addressed in a just way. In 1993, consumer organisations
CM
YK
represented that the MRP that was conditions to promote healthy
in vogue from 1977 needed a relook competition. This system of MRP
as the measure only provided an is not prevalent in any other
opportunity for wholesalers and country except Sri Lanka. In
retailers to exploit consumers and Pakistan and Malaysia it is
make abnormal prots. The applicable to certain select
National Foundation For commodities. In Canada, the
Consumer Awareness and Studies establishment of a competition
in Kochi, Kerala, led a case, op bureau takes care of excessive
24559/98, in the Kerala High proteering.
Court, mandating the printing of The writers suggestions can be
the ex-factory price of a product in examined in Parliament.
addition to MRP. The High Court M.R. Krishnan,
suggested forming an export Chennai
committee and the Union
Government acceded to this in the Chinese products have made
order by appointing a committee in inroads into the Indian market and
2007. The committee felt that are giving tough competition to
manufacturers may not prefer a Indian products as they are not
higher MRP in view of the restricted by MRP. Indian
amended Central Excise Act of retailers, even if they want to, cant
1997 and the new VAT provisions sell products at a marked down
where the MRP is taken as the basis price. Todays market is a buyers
for xing tax rates. However, the market. MRP restricts
problem of excess MRP lies in the competition. If there is
realm of products not being subject competition among retailers,
to excise duty. The proposed GST consumers will get quality
Act may also come to the rescue of products at an economical price. I
consumers, since manufacturers feel that MRP should be marked
will not jack up MRP. However, the down in a phased manner.
committee felt that in rural India, Medicines should be left out.
the MRP will be misrepresented to Venika Singhal,
the uneducated consumer and be Noida, Uttar Pradesh
used as a tool to earn abnormal
prots. The committee felt that An atonement
declaring a normative price is not The writer has a prejudicial view of
feasible. While two members of the the periodic checks and
committee preferred the First interruptions by the Supreme
Point Price, First Sale Price, others Court (An atonement gone to
were not in favour of it. Further, far? July 23) as far as legislative
the committee felt that the and executive matters are
establishment of a competition concerned, in sharp contrast to the
commission would solve the people who nd the court to be a
problem, by monitoring market ray of hope in an otherwise
apathetic environment. He also
fails to acknowledge the fact that
the Constitution has deliberately
rejected a watertight separation
of power as suggested by Rousseau,
between the three pillars of
democracy and has ensured a
system of checks and balances to
prevent them from exceeding
Constitutional authority. In the era
of legislation governed by electoral
politics, the Supreme Court is one
fearless autonomous institution
that can prove to be a therapeutic
gatekeeper to pernicious
developments.
Chinmay Uday Dandekar,
Mumbai
A pendency of 61,000 cases shows
that it is not enough to blame the
judiciary but instead look at what
needs to be addressed by the
executive and the legislature. For
example, while the Supreme Court
laid down guidelines for womens
safety of women as far back as 1997,
Parliament enacted a law only in
2013. While the judiciary needs be
lauded for bettering the lives of
millions of people, one regrets the
way their representatives waste
time in legislative bodies in a quest
for one-upmanship.
K.K. Chug,
New Delhi
By saying that the Supreme Court
is acting as an unelected and
largely unaccountable institution,
is the writer implying that the
judiciary is in some way inferior to
the other branches? In the true
spirit of separation of powers
among the three institutions: the
executive, the legislature and the
judiciary, each is independent,
autonomous yet interdependent.
The reverse of genuection is
mainly because of events that
evolved during the last 40 years.
The executive has consistently
distanced itself from people and
any major recourse can be had only
through the courts. Our legislators
are of hardly any help to the
ordinary citizen. Indeed, the
executive, in the face of
controversial decisions within its
own domain, leaves it to the courts,
for fear of inviting ak. In any
blatant case of misdemeanour,
there is hardly any proactive
action. The judiciary may not be
the most ideal adjudicator, but it is
the only thing the citizen has. If the
executive takes its own job
seriously and legislators are
people-friendly, the pressure on
courts will be that much less.
Sudarsanam Padam,
Hyderabad
Mercy petition
Yakub Memons mercy petition
should be accepted since he chose
to surrender and cooperated with
the authorities (Editorial, July 23).
Commuting his death penalty to
life sentence will be in the interest
of justice. No doubt, the Mumbai
blasts were a heinous terrorist
attack but it is also a fact that the
main culprits escaped. Punishing
Memon alone will not be in the
interests of justice.
Arvind Pal Dahiya,
Rohtak, Haryana
BG-BG
 www.jobsalerts.in
12 | EDITORIAL THE HINDU SATURDAY, JULY 25, 2015
BENGALURU

The missing conservative intellectuals

SATURDAY, JULY 25, 2015
G. Sampath
The appointment of actor Gajendra Chauhan
Give the RBI described by some sections of the media as
a C-lister to the chairmanship of the
Film and Television Institute of India (FTII)
its independence has once again raised questions about the
scarcity of credible, right-wing intellectuals.
It is no secret that the Bharatiya Janata
new era in monetary policy formulation is set Party-led National Democratic Alliance
When the left and the liberals are themselves
already socially conservative, where is the space or
need for a separate, secular, conservative tradition?
Thus the question where are Indias right-wing
intellectuals is a profoundly meaningless one
He begins by making a fundamental dis-
tinction between intellectuals and ideo-
logues. Intellectuals contribute to the growth
of knowledge, whereas ideologues are more
interested in promoting their political or re-
of thought. Or how, for the conservative, the
organic unity of society, whatever its internal
contradictions, is a constitutive assumption.
One Indian intellectual who comes immedi-
ately to mind is B.R. Ambedkar, but he was
not what we would today call a left-liberal.
Seen through the prism of caste, the real
reason for the absence of an Indian (as op-
tion in India only if it emerges outside the
posed to Hindu) conservative tradition be-
comes apparent: the conservatives,
so-called, did not emerge because they were
ecosystem of the Sangh Parivar.
Fantasy of a secular right wing
already hegemonic they just happened to
go by the name of liberals or socialists or
communists.
Is it really possible a secular conserva- It would be no exaggeration to say that

A to start with the Union Finance Ministry re-

leasing the revised draft of the Indian Fi-
nancial Code (IFC). It provides for the setting
up of a Monetary Policy Committee (MPC) to debate
on monetary affairs and decide the policy rate. This
move is in line with practices in many of the developing
countries where the central banks have pursued the
committee approach to address monetary policy is-
sues. Currently, the Reserve Bank of India (RBI), the
monetary policy regulator, goes by the views of a Tech-
nical Advisory Committee (TAC) on such issues. The
TAC comprises officials from the RBI besides a few
external experts. It advises the central banker on the
monetary policy stance based on macro-economic and
monetary developments. However, the RBI Governor
has the last word, and the right to veto any decision of
the TAC. The draft IFC, submitted by the Financial
Sector Legislative Reforms Commission (FSLRC)
headed by former Supreme Court judge B.N. Srikrish-
na, has suggested that the MPC members be appointed
after due consultations between the government and
the RBI. It has also recommended that the government
have three nominees in the seven-member MPC. The
FSLRC, however, has recommended veto power for the
RBI Governor. The revised draft circulated for public
discussion by the Finance Ministry, however, seeks to
vest in the government the power to nominate four
members to the MPC. It proposes that no veto power
be given to the Governor, and that at best he be allowed
a casting vote to use in the event of a tie.
In the context of the continuing uneasy relationship
between the fiscal and monetary bosses and in light of
the changing dynamics of the domestic economy owing
to assorted factors falling outside policy controls, the
importance of a cohesive action plan should not be
underestimated. Given this, it is not incorrect to allow
the government a say in matters of monetary policy.
The revised draft, however, seems to be trying to push
too much of government into monetary matters. Seen
in tandem with its earlier bid to remove from the RBI
the public debt management function, this move only
appears intended to undermine the RBIs autonomy,
which had actually succeeded in insuring the Indian
economy against the profligate policies of successive
governments, and the financial shenanigans in other
economies. If the government is to have majority con-
trol in the MPC, what is the point of giving the RBI
Governor the right to a casting vote? Fiscal bosses have
fixed tenures, unlike institutions such as the RBI that
are not subject to electoral cycles. Prudence suggests
that RBI and like institutions must be allowed to func-
tion independently.
(NDA) government has been struggling to
find intellectuals to head various academic
and cultural institutions. According to media
reports, the Rashtriya Swayamsevak Sangh
(RSS) had even set up an informal committee
to come up with saffron-friendly candidates
for some 680 positions.
But it could come up with only 160 names.
Even these 160 people, one presumes, in-
cluded the likes of Mr. Chauhan, Y. Suder-
shan Rao (made chairman of the Indian
Council of Historical Research), Baldev Shar-
ma (chairman of the National Book Trust),
Pahlaj Nihalani (chairman of the Central
Board of Film Certification) and Chandraka-
la Padia (chairperson of Indian Institute of
Advanced Studies, Shimla).
None of these names has inspired much
confidence in the constituencies these bodies
serve. Many have charged the NDA with not
just saffronising but also degrading the coun-
trys premier institutions by appointing un-
derqualified candidates to the post.
The eminent historian, Ramachandra Gu-
ha, was so distressed by these appointments
that he penned a column lamenting the clos-
ing of the Indian mind, where he draws the
melancholy but inevitable conclusion that
the present government despises writers,
scholars, artists and film-makers.
Other commentators have been less mel-
ancholic and more pragmatic, either faulting
the RSS for not having created its own cadre
of intellectuals, and/or challenging it to pro-
duce a saffron Amartya Sen, whatever that
means.
Conservatism infused by religion
The most systematic study of the crisis of
talent facing the Indian right has come from a
liberal. In an 18-page essay titled, Where are
Indias conservative intellectuals? publish-
ed some months ago in Caravan magazine,
Mr. Guha provides a considered answer to
this question.
CARTOONSCAPE
ligious beliefs. By this definition, which no
one should have a quarrel with, most of the
so-called intellectuals, including RSS sympa-
thisers on the Narendra Modi bandwagon,
would automatically fall into the category of
ideologues.
Mr. Guhas explanation for Indias missing
conservative intellectuals is fairly straight-
forward. In his preferred formulation, con-
servative ideology is characterised by a
shared first person plural that privileges
the status quo as an emanation of a cherished
past. Typically, this we signifies a national
imaginary.
Hindu conservatism, whose nationalism is a curious amalgam of
revivalism, xenophobia and triumphalism, can never attain
respectability except in a self-contained discursive ghetto
But in India, unlike say, in the United
Kingdom, the conservative vision of the na-
tional community (the we) is intricately
bound up with religious affiliation.
Clearly, this Hindu conservatism, whose
nationalism, as Mr. Guha points out, is a
curious amalgam of revivalism, xenophobia
and triumphalism, can never attain respect-
ability except in a self-contained discursive
ghetto, which is precisely what has hap-
pened. Indeed, it is hardly conceivable that
an ideology which consigns a few hundred
million non-Hindus to second-class citizen-
ship can ever form the basis of serious
scholarship.
Yet, this has been the track record of the
Indian right essentially the Hindu Right
till date. It might partly explain the anti-
intellectual streak of Indias right-wingers,
for many of whom the word intellectual is
itself a term of abuse. Given this reality, Mr.
Guha answers his eponymous question thus:
there can be a credible conservative tradi-
tive tradition in India? Mr. Guha is not alone
in wishing for it. Even Amartya Sen has spo-
ken about the need for secular rightwing
parties like the Christian Democrats in
Germany or the Tories in the U.K. Or is this
wishful thinking?
The defining feature of conservatism is a
belief in the organic unity of whatever it is
the first person plural denotes. This belief
serves to obfuscate the central antagonism
that the first person plural denies this
obfuscation is the reason conservatism
works as an ideology. In the secular breed
of conservatism that Mr. Guha and Prof. Sen
seek, the antagonism wished away is class
conflict the exploiters and the exploited
are united by the soothing balm of patriotism
and a nationalistic superiority over the peo-
ples excluded from the we.
In India, which has always been, despite its
constitutional secularism, a Hindu major-
itarian state in practice innumerable stud-
ies have documented anti-minority biases in
the bureaucracy, the judiciary, the police, the
media and other institutions the central
contradiction was, and remains, caste rather
than class antagonism.
Through the caste prism
From this standpoint, it becomes clear
that Indias left-liberal tradition has pro-
duced very few intellectuals whose careers
and analytical frameworks were defined by
an all-consuming interest in caste antag-
onism in a manner analogous to how, for a
scholar in the European leftist tradition,
class antagonism is a foundational category
most of Indias left-liberal intellectuals
(mostly drawn from the upper castes) are
socially conservative and conservative in
the classical sense of not considering their
societys determining antagonism (caste) as
the ultimate problem. While they may not
defend caste, or glory in it, as sections of the
Hindu Right might, neither do they believe
that every sociopolitical problem needs, or
could benefit from, a caste perspective
despite overwhelming evidence of pervasive
casteism. In this, the Indian left-liberal tradi-
tion mirrors the Western conservative one,
which denies that class conflict or exploita-
tion is the elemental problem in capitalist
society.
In other words, when the left and the liber-
als are themselves already socially conserva-
tive, where is the space or need for a separate,
secular, conservative tradition? The question
(where are Indias right wing intellectuals?)
is thus a profoundly meaningless one. Its
meaninglessness obscured in no small mea-
sure by a warped notion of secularism that
makes no distinction between religious soli-
darity and religious sectarianism.
The great British conservative, Edmund
Burke, constructed his philosophy in the
context of the threat to tradition and order
posed by the symbolism and spirit of the
French Revolution. The nationalism of the
British conservative though it had a place
at the table for Christianity was essentially
a secular response to a secular threat.
Indian nationhood
Indias nationhood, in contrast, as histori-
ans of Partition such as B.B. Misra have
pointed out, was intimately tied to a reli-
gious, and specifically Hindu, imaginary.
Hinduism, in this context, was nothing but
another name for Brahminism. As independ-
ent Indias first Prime Minister, Jawaharlal
Nehru, summed up in his Discovery of India,
That mixture of religion and philosophy,
history and tradition, custom and social
structure, which in its wide fold included
almost every aspect of the life of India, and
which might be called Brahminism or (to use
a later word) Hinduism, became the symbol
of nationalism. It was indeed a national reli-
gion. How exactly is this different from Mr.
Modis cultural nationalism? Yet, Nehru,
one hardly need mention, was no RSS prach-
arak. He is an iconic left-liberal, and a favou-
rite whipping boy of the Hindu conservative.
But of course, his utilitarian defence of the
caste system need not be reproduced here.
In stark contrast to the left-liberals social
conservatism which is almost indistin-
guishable from that of the Hindu Right
stands someone like B.R. Ambedkar, who
could say what few left-liberals would dare to
today: No matter what the Hindus say, Hin-

A subsidy and duism is a menace to liberty, equality and

fraternity. On that account it is incompatible
with democracy. Of course, one could make
a similar judgement about Islam as well. But
some questions in any given national context, the more polit-
ically dominant a religion, the greater its
capacity to undermine democratic values.
he Central governments decision this week All said and done, from this Ambedkarite

T to extend the interest subvention scheme on

bank loans given to land-owning farmers at 7
per cent is essentially a welcome move. This is
especially so in a context where there is no real clarity
perspective, and if we keep his Annihilation
of Caste as a reference point, it is difficult to
escape the conclusion that mainstream in-
tellectual discourse in independent India has
only ever been controlled by conservatives.
on how the current monsoon will turn out to be, run- The Indian conservative is not missing he
ning at a deficit of 7 per cent as it does currently. With is merely Hindu, upper caste, and invisible.
an additional subvention component of 3 per cent to sampath.g@thehindu.co.in
encourage timely repayment, farmers can effectively
avail themselves of up to Rs. 3 lakh at just 4 per cent
interest. This scheme, basically offering a sort of agri-
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

cultural subsidy, has been in place since 2006-07, with

the subvention component fluctuating between 1.5 and
3 per cent. With agricultural yield levels and incomes
per acre falling or languishing, the need to extend such
loans to farmers at low interest levels admittedly
exists.
However, what is less clear is the purpose for which
many of these loans are being put to. The Reserve Bank
of India recently initiated an investigation into the
apparent diversion of agricultural loans for unintended
purposes. It would appear that farmers existing debts
to money-lenders, weak supervision of credit utilisa-
tion and the categorisation of gold loans as agricultural
loans are creating significant grey areas and avenues
for loan amounts to be used for purposes other than
farming. At certain points of the cropping cycle farmers
need large amounts of money and they turn to money-
lenders, who charge high rates of interest and often
insist on their loans being re-paid first which forces
farmers to divert a part of the subsidised bank loans to
repay them. Some farmers put the amounts in fixed
deposit accounts to earn higher interest than what they
pay. Most farmers do not earn enough to meet their
needs, including consumption expenditure, and so
these loans serve as an auxiliary source of income. The
government needs to recognise the fact that the system
of interest subvention will increasingly finance con-
sumption rather than farming, and take one of two
steps. It could instruct banks to step up scrutiny on the
use the loan is being put to. Or it could rethink the
manner in which it wants to subsidise farmers. Imple-
menting direct transfers to bank accounts and invest-
ing in research and development to bolster crop yields
should serve the same purpose that the low-interest
loans currently serve. This step will have the added
advantage of potentially improving the plight of farm-
ers. The soft loans are a good idea that needs to be
managed and supervised well in order to ensure that
the intended outcomes are ensured, and that they help
address actual distress in the field.
CM
YK
powerful enough to point fingers at
Parliament logjam Mr. Rao over the RBI acting
Each session of conducting independently and his failure to toe
business in Parliament costs crores the line of corporate groups on the
of rupees to the government issue of interest rate reduction.
exchequer, which is allowed to go Besides, the present move appears
down the drain by political parties to have political undertones as the
and just to draw political mileage. I government, unfortunately, views
think parliamentarians should be Raghuram Rajan as a political
penalised if a day goes unproductive appointee.
(PM leads bid to break impasse, A.V. Narayanan,
July 24). Tiruchi
P. Nithish Reddy
Kadapa, Andhra Pradesh Adivasi rights
Kalpana Kannabirans
It is redundant to say that what is interpretation of Clause 5 of Article
happening now to the BJP-led 19 of the Constitution, to protect
government had already happened tribals and their right to live on
to the previous regime under the their own land, is the need of our
United Progressive Alliance in its times (Constitutional
second term, paradoxically due to conversations on Adivasi rights,
the obstructionist tactics of BJP. It July 24). But the basic problem is
is no wonder then that evil recoils not the lack of Constitutional
on the evil doer. Unfortunately, the provisions that come to the aid of
tendency now among the Members the less privileged but the lack of a
of Parliament is to contradict political will to respect the
peoples hope for prosperity by Constitutional rights of the hapless.
thwarting the proceedings of The predatory nature of the
Parliament using some excuse or economy of the Indian state grabs
the other. We should not allow tribal lands and destroys the
Parliament to become the butt of environment in the name of
ridicule, thereby making a mockery development. As Walter
of democracy. Fernandes of the Indian Social
M. Vathapureeswaran, Institute has pointed out, even if
Madurai tribals make up just 8 per cent of the
population, they account for more
RBI chiefs powers than 40 per cent of those displaced
The governments proposal to by projects. The Constitution has
water down the RBI Governors not been followed when it comes to
veto power on monetary policy respecting the rights of tribals.
particularly the interest rate by a Sukumaran C.V.,
committee is a pointer to the fact Palakkad
that the voice of the corporate
sector is gaining strength by the As someone who has conducted
day. Even during the last tenure of many surveys among tribal groups,
D. Subba Rao, the lobby was particularly in Andhra Pradesh, I
find that the writer is rightly
worried about the need to
understand tribal communities to
ensure that they get what is due to
them. Any law that envisages
specific rights or privileges to a
community should be drafted after
a proper understanding of that
community.
J. Jaykris Gurucharan,
Hyderabad
The Memon case
The article, Justice or vengeance
(July 24), draws attention to the
undue haste by the Maharashtra
government to execute Yakub
Memon. This raises questions
about the governments integrity in
upholding the Constitution and
safeguarding the applicability of its
procedures. When recent
judgments have involved respectful
consideration of all legal remedies
available to death-row convicts,
such extreme urgency in ending a
persons life with disregard to the
law may start to be compared to
organised and legalised murder.
Neon Dhairya Sharma,
Kullu, Himachal Pradesh
Some serious lacunae on the part of
the Maharashtra government in
issuing the black warrant for the
execution of Yakub Memon have
been pointed out by the writer.
These points are important and
buttress the case for commuting his
sentencing as expressed in the
Editorial (July 23). The points
should not be glossed over
presuming the arguments are
biased against the government.
Before a person is executed, it is the
duty of the government to ensure
that there is no scope for complaint. world peace. We cannot afford to
The move, of likely execution, allow such groups to gain a foothold
should be stalled on humanitarian anywhere in the world.
and tactical reasons. Those who bat for Yakub Memon
K. Rajendran, must know that he had exhausted
Chennai all legal avenues and a Presidential
pardon. If a single life is precious,
The legal issues relating to what about the 84 victims?
procedural infirmities raised by the V. Lakshmanan,
writer may require reconsideration. Tirupur
But they are of a trivial nature and
come up because of the complexity Relevance of MRP
and multiplicity of legal loopholes. Either the retailer is allowed to sell
Smart lawyers exploit them to his product at whatever price he
defeat the very object of rendering deems fit based on the prevailing
justice. The Supreme Court has also market conditions and make a
made it clear that minor procedural convincing profit in the event of a
lapses should not be allowed to non-existent MRP scenario or be
defeat the ultimate goal of the allowed to operate and still make a
judge. Elements such as Yakub profit at a competitive price that
Memon, who have committed falls within the confines of MRP
heinous crimes, deserve nothing stipulations that already exist. But
less than capital punishment. the retailer undoubtedly stands to
Unfortunately, India is emerging as gain only if MRP is totally abolished
a soft target owing to the delay in as its prevalence cuts
both the execution of punishment competitiveness at the source when
and the culmination of criminal the product attains MRP status.
trials. Innocent victims pay the N. Visveswaran,
price. The larger issue is to redraft Chennai
the criminal jurisprudence to
ensure a speedy trial and the The suggestion to abolish MRP
awarding of punishment within a seems to be devoid of any merit. The
time frame. consumers of Real India still do
M.K. Bhandari, not have access to technology to
Hyderabad compare or check prices.
Customising the price of a product
It is high time we stop complaining will only make the situation worse
about the alleged minor procedural and malpractices will rise. The
lapses in the Memon case. It is 22 article will be sold on the basis of
years since the dastardly act in the vulnerability of the consumer.
which 84 innocent persons lost The solution does not lie in
their lives took place. He has been abolishing MRP but having a
repeatedly found guilty of an differential pricing based on cost
unpardonable act. The act was also compulsions.
intended to demonstrate that a Anchit Mathur,
small group of terrorists can disrupt New Delhi
BG-BG
 www.jobsalerts.in
10 | EDITORIAL THE HINDU
BENGALURU

MONDAY, JULY 27, 2015

Winds of change in West Asia

MONDAY, JULY 27, 2015
Rakesh Sood
There has been no dearth of hyperbole on the
Contestation nuclear agreement signed last week in Vien-
na between Iran and the P5+1 (the United
States, the United Kingdom, France, China,
in Delhi Russia and Germany along with the Eu-
ropean Union). U.S. President Barack Obama
was the most restrained when he said that
fter a brief respite, hostilities between Delhis the deal offers an opportunity to move in a
embargo after ve years and ending missile
The Iran nuclear deal can only be judged against sanctions after eight years.
the options available. Therefore, the Joint It is not the unambiguous terms of the
JCPOA that generate strong emotions but
Comprehensive Plan is the best deal possible the winds of change blowing across West Asia
that the deal portends. After the 1979 Islamic
for ushering in non-proliferation, regional revolution, containing Iran became a shared
policy objective for the U.S. and its two re-
balance, stability and ensuring stronger
India-Iran relations
gional allies, Israel and Saudi Arabia. With
U.S. withdrawal from Iraq and Afghanistan,
along with the growth of the Islamic State in
voked such diverse reactions but the political trifuges will be mothballed and the Fordow
ramications for the region that generate enrichment facility will be converted into a
the aftermath of the Arab Spring, the U.S.
needed new leverages in the region. U.S.
business also perceives a large, untapped
uncertainty all around. nuclear, physics, technology, research centre market in Iran for everything from automo-

A Lieutenant Governor Najeeb Jung and Chief

Minister Arvind Kejriwal have resumed. The
issue this time is the appointment of the chair-
person of the Delhi Commission for Women. Two days
after the Aam Aadmi Party government appointed Swa-
ti Maliwal, the Lieutenant Governor annulled the ap-
pointment, saying it had not been properly processed.
In a letter to the Chief Minister, he also made the
ludicrous claim that he was the government of Delhi.
Mr. Jungs latest exercise in overreach comes more
than a month after he and Mr. Kejriwal met Home
Minister Rajnath Singh and promised to resolve the
issues between them amicably. It was then thought that
both sides had realised that their game of one-upman-
ship was damaging the images of both, and affecting the
interests of the people of Delhi. Yet, it seems little has
changed. By continuing to interfere with the day-to-day
affairs of the Delhi government in a brazen manner, Mr.
Jung is disrespecting the massive mandate with which
the people of Delhi returned the AAP to power; neither
is he helping to dispel the notion that he is a puppet
acting at the behest of the Central government.
There is now a broader context to the whole confron-
tation. Soon after taking office, Ms. Maliwal sought an
appointment with the Lt. Governor to discuss a brutal
incident in Delhi in which a 19-year-old girl was stabbed
to death by two youths. Following that incident, the
AAP has, by means of a series of emotive radio and
television advertisements, ramped up its demand for
more control over the Delhi Police. Ms. Maliwals ap-
pointment to a body that was previously seen as ineffec-
tual is also part of a wider narrative in which the AAP is
battling to ensure that the security of women in the
national capital is taken more seriously than at present.
By blocking the move on bureaucratic grounds, Mr.
Jung, and the Union Home Ministry by extension, ap-
pear in extremely bad light. Thanks to the AAPs contin-
uous campaigning on the issue, and the associated
drama of their now-regular tussles with the Lieutenant
Governor, the issue of full statehood for Delhi has
become an important topic of debate. Most Delhi-ites
want the issue resolved, if only so that they can have an
effective government again, rather than one that is
forced to switch to agitation mode periodically. Chief
Ministers and Lieutenant Governors here have worked
together amicably earlier within the limitations of their
positions, but given the current lack of cooperation on
both sides it appears that the only way out of the
impasse is a proper consideration of the demand for full
statehood for Delhi, or a clearer interpretation of the
rules that dene power-sharing between the state ad-
ministration and the Central government.
new direction; Iranian President Hassan
Rouhani called it a good agreement when he
announce(d) to our people that our prayers
have come true. On July 20, the Agreement
was submitted to the U.S. Congress for a
mandatory 60-day review. U.S. Speaker John
Boehner slammed it as a bad deal that
paves the way for a nuclear Iran and
vowed to do everything possible to scuttle
it even as Mr. Obama warned that he would
veto a negative decision by Congress. Senator
Lindsey Graham, a Republican presidential
candidate, described it as a most dangerous
irresponsible step, while a group of 60 for-
mer secretaries, national security advisers,
military generals and ambassadors, led by
former secretary of state Madeleine Albright
and former secretary of defence William Per-
ry issued a statement welcoming it as a land-
mark agreement unprecedented in its
importance... Russian President Vladimir
Putin said that the world heaved a sigh of
relief while German Chancellor Angela
Merkel called it a hugely important
success.
Behind the diverse reactions
Closer home, Israeli Prime Minister Ben-
jamin Netanyahu expressed outrage at a bad
mistake of historic proportions; Saudi Ara-
bia was publicly resigned to it , urging strict
inspections and harsh and determined re-
sponses if Iran made deviations, though in
private it was more critical calling it an ex-
tremely dangerous development. Syrian
President Bashar Assad called it a great vic-
tory, while Turkish Foreign Minister Mev-
lt Cavusoglu said it would contribute to the
regional economy. Iraqs Prime Minister
Haider Al-Abadi described it as a catalyst for
regional stability.
In New Delhi, the spokesperson wel-
comed the successful conclusion of negotia-
tions while waiting to see the text of the
Agreement, cautious words, even as the
Ministry of External Affairs prepares to ex-
pand relations with Israel while exploiting
the opening that a removal of sanctions on
Iran offers.
Clearly, it is not the dense 100+ pages of
the Joint Comprehensive Plan of Action
(JCPOA) and its Annexures that have pro-
CARTOONSCAPE
Nuclear dimension
where no ssile material can be introduced.
From its existing stockpile of nearly 10 MT of
The nuclear dimension of the agreement is partially enriched uranium, Iran will retain
relatively straightforward. Two years ago, only 300 kg of uranium enriched to a level of
Iran was perceived to be just a few months 3.6 per cent; the rest will be shipped out. The
biles and aircraft to Coca Cola and Apple
products. A hostile relationship with Iran
was no longer in the U.S.s interest and Mr.
Rouhanis election provided a good opportu-
nity for this. This shift makes Saudi Arabia
away from acquiring enough highly enriched Arak heavy water reactor will be redesigned nervous which has injected a strong dose of
uranium to produce a bomb. A covert cyber and Iran will not undertake any reprocessing jihadi sectarianism into the regional rivalry
operation, widely believed to be a joint U.S.- activity. While the duration of the agreement to bolster its position in the Sunni-dominat-
Israeli effort, using the worm, Stuxnet, dam- is 10 years, the International Atomic Energy ed Arab world. During the 1980s, the jihad in
aged a number of centrifuges in 2009-10 but Agency verication provisions will remain in Afghanistan spawned al-Qaeda and the Tali-
the programme has rebounded since then. effect for an additional ve years. Restric- ban; dabbling with the forces unleashed with
There was no certainty that a U.S.-backed tions on designing and the production of new the Arab Spring has led to IS and its clones
military strike would succeed in taking out centrifuges will remain in force for 20 years straddling the multiple fault lines in the re-
Irans entire nuclear capability. Collective while monitoring of uranium mining and gion. Israel will nd it easier to come to terms
economic sanctions had worked up to a point milling will continue for 25 years and ver- with the agreement because, in the ultimate
because these were intended to give diploma- ication covers the supply chain of nuclear analysis, it ensures Israels nuclear suprema-
cy a chance. The U.S. was convinced that related components. While defence related cy in the region for a quarter century. The
under the circumstances, negotiations were sites like Parchin have been kept out of the problem is more complex with Saudi Arabia,
the only way forward. Iran had to step back nuclear related facilities, there is a provision which is seeking to maintain regime stability
from the nuclear threshold, from a lead time for seeking inspections if treaty violating ac- together with its pole position in the Islamic
world by using sectarianism.
For the U.S., the unwritten part of the
For India, it is a positive development... This opening offers nuclear transaction is its transformative po-
tential for Irans domestic politics in bring-
opportunities for the Indian corporate sector though it will ing about greater democracy, moderating its
have to compete with Western and Turkish enterprises. regional assertiveness and progressive eco-
nomic integration with the West. The U.S. is
relying on Irans demographics a young
of months to a year plus. Further, it had to tivity is suspected. In case of a dispute, a population which is literate and connected
accept intrusive inspections to give out the 24-day time frame is provided for adjudi- on the Internet, a GDP per capita income
reassurance that it was not cheating. The U.S. cation by a joint commission to be set up level of about $15,000 (in purchasing power
needed to be certain that sanctions could under the JCPOA. Nuclear-related imports parity terms, according to World Bank data
snap back into place in case Iran tried a are permitted but will be channelled through 2013), and its aspirations, both individual
breakout. It was not an ideal solution but the a designated procurement channel. and societal, for a greater role on the global
best under the circumstances. In return, all nuclear related sanctions will stage. For Iran, the unwritten part of the deal
While Iran could still sustain the sanctions be lifted. This will gradually permit nearly is that the sanctions relief will give new legit-
and survive, sanctions relief was necessary $100 billion of blocked funds to be released imacy to the Iranian regime, even as it engag-
for higher growth. Equally important for Iran and, more signicantly, permit Iranian banks es with the West. The reality is that just as the
was the narrative that it was within its rights and nancial institutions to resume their in- Supreme Leader can no longer describe the
as a member of the Nuclear Non-Prolifer- ternational engagement. A number of insti- U.S. as the Great Satan, the U.S. can no longer
ation Treaty to build an enrichment capa- tutions and individuals will be taken off the rely on the axis of evil label. That a romance
bility for peaceful purposes. Iran could sanctions list. is budding is certain, but the path will not be
accept more intrusive verication provided smooth.
this right was conceded. That meant retain- Regional politics
ing the capability while accepting constraints Iran will be able to modernise its oil and Implications for India
on exercising it for a period of time, which gas industry infrastructure which was hard For India, it is a positive development.
could be negotiated. A deal would also bolster hit by the technology embargoes related to Before the sanctions regime, Iran accounted
Irans standing regionally. the sanctions regime. Over a period of a year for 16.4 per cent of Indias oil imports which
Under the JCPOA, the number of centri- or so, this will also permit Iran to increase its came down to 6 per cent. Oil prices are cur-
fuges has been reduced by more than two oil and gas export revenues, subject to global rently down and Irans entry into the market
thirds and enrichment will be restricted to a demand picking up. Two signicant provi- enables India to diversify its sources and
single facility at Natanz. The remaining cen- sions are a lifting of the conventional arms start building up its strategic reserve. A con-
tract for the development of the Farzad B
gaseld by ONGC Videsh which was awarded
the exploratory rights in 2008 also needs to
be tied up. The second major issue is connec-
tivity to Afghanistan and the Central Asian
states. The Chabahar port has long been seen
as the gateway but progress on developing
the port and the rail-road links to Zahedan on
the Iran-Afghanistan border has been slow.
In Afghanistan, the 215 kilometre long road
from the border town of Zaranj to Delaram
was built with Indian help keeping this con-

Signals from nectivity in mind. This opening offers oppor-

tunities for the Indian corporate sector
though it will have to compete with Western
and particularly Turkish enterprises. Politi-
gold prices cally, an integrated Iran is more likely to
exercise a stabilising inuence in Afghan-
istan and Iraq and Syria.
he yellow metal dominated the world market In the nal analysis, the agreement can

T scene all of last week. Gold slumped to a

ve-year low, slipping to an intra-day low-
point of $1,072.30 by Friday. A late rally that
day, however, pushed prices back to around $1,100 an
ounce. At best, it helped pare losses from last Monday
when the price slid to its lowest since March 2009, to
$1,088.05 an ounce. The Comex gold futures for August
still ended their fth consecutive week in negative
territory. Though the rally suggests that there could be
an improvement in market sentiment, the bearish un-
dertone persists among retail investors. At the mo-
ment, everyone in the international marketplace is
wary of gold. Indeed, price movement is set for an
uncertain phase, at least in the near-term. The reasons
behind the slipping interest in gold is not difficult to
fathom. A looming rise in the U.S. interest rate, for the
rst time in nearly a decade, is playing the villain. At the
moment, a stronger dollar remains the topic that dom-
inates discussions in the marketplace. An inadvertent
release on a rate forecast on the website of the Federal
Reserve, though it was subsequently withdrawn, only
helped to confound the confusion. Understandably, all
eyes are now on the Federal Reserve. Will it pull the
trigger on rate hikes? Nevertheless, the dipping global
oil prices hold hope for investors in gold. A protracted
oversupply situation, weak demand, the Greek crisis
and the Chinese market fall have all come together to
pull oil prices down. The fall of oil could yet prove a
rescuer for gold. If there is a serious consequential
fallout on U.S. domestic ination, the oil price fall could
slow the Feds tightening policy. A sustained recovery
in gold prices, it appears, is inversely related to the
growth prospects of the U.S. economy.
What does the fall in gold prices portend for India?
The country consumes 800 to 900 tonnes of the metal
annually, and depends on imports to meet its entire
demand. Gold and oil comprise a large part of Indias
imports in terms of value, and consequently they are
major contributors to the country's trade decit. To an
extent, the fall in gold prices could moderate the im-
port bill in the near-term. There is a ip-side to this,
though. A strengthening dollar could nullify the impact
of the fall in gold prices. Indians have traditionally
attached a sentimental value to gold. Given this, the
government has to go the extra mile to coax them to
park idle gold in banks and earn interest. The situation
is tailor-made for the Central government to exploit
this to its advantage. The proposed gold monetisation
scheme, for example, must be made a lot more simpler
and common man-friendly to aid this process.
CM
YK
only be judged against the options available,
not vis--vis an impractical ideal. On this
yardstick, the JCPOA is the best deal pos-
sible, for non-proliferation, regional balance
and stability, stronger India-Iran relations
and, ultimately, for enabling a larger regional
presence for India.
(Rakesh Sood, a former Ambassador,
was the Prime Ministers Special Envoy
for Disarmament and Non-Proliferation
till May 2014. E-mail: rakeshsood2001@
yahoo.com)
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.
conclusion is a blot on India (Italy as being liberal and are concerned Vallabhbhai Patel, Rajaji, et al, engendered by class politics in the
The Memon case moves ITLOS in Marines case, with issues of justice and equity. have all been under the umbrella country. To equate an upper caste
An eye for an eye only ends up July 26). Italys move hardly comes Most often than not, the poor are organisation, the Indian National left intellectual like EMS with a
making the whole world blind, as a surprise given the trauma from the so-called lower castes, Congress (INC), and were totally conservative intellectual from the
was what Mahatma Gandhi said, suffered by one of the men and the so focussing on economic overshadowed by the Hindu right stable is sheer
and quite applicable in the case of need for his treatment. With the categories does not mean ignoring overwhelming personality of absurdity. That the Indian left
Yakub Memon (Sunday Anchor issue of which provisions of the castes that are in need of state Jawaharlal Nehru who embodied ignored the central issue of caste
page Guilty by association, July SUA Act are to be invoked yet to be assistance. Class categories are as it were, leftist ideology. The and is paying a heavy price now is a
26 and From messenger to resolved between the Home Affairs very legitimate areas of analysis, majority of Indians who loathed fact. However, institutions like
mastermind, July 25). It is time Ministry and the External Affairs and those who study them cannot the caste system were attracted to trade unions, which sprung from
now that Indian lawmakers start Ministry, this is also an issue that be classied as social the left that promised equality and class politics, provided huge
thinking about the relevance of the threatens to undo the diplomatic conservatives. democracy. However, India had a secular space for people of
death penalty and change the law. goodwill India has earned so far in R. Swaminathan, secular conservative party that different castes and backgrounds
There can be no doubt that the its regional interventions such as Chennai stood for free enterprise or, to be to meet and interact. They instilled
uncertainty over a sentence can in Nepal and Yemen. It also has precise, a market-driven economy, a sense of camaraderie that cut
affect the mind of the person potential to threaten Indias quest There isnt exactly a dearth of which the writer seems to have across caste and religion. If one
incarcerated and his/her family. for a permanent seat to the UNSC. conservative intellectuals, largely ignored, maybe because it doesnt analyses recent politics involving
What the system in India should be With a prisoner exchange coming from the section which exist now. It was founded by Rajaji caste mobilisation, it is obvious
looking at is reform and correction. agreement in place, I feel the claims itself to be made up of in 1959 and in the next general that such politics strengthens caste
Shailja N. Singh, Marines can serve the remainder of liberals and free thinkers. Its election, in 1962, it secured 6.8 per and religious barriers.
New Delhi their case in Italy. One benet of an irony when authors, or liberal cent of polled votes, winning 18 Manohar Alembath,
this appeal is that UNCLOS will be authors, put up a sheer display of seats. In traditionally conservative Kannur
The article does not justify any open to less ambiguities in future intolerance towards people who States like Bihar, Rajasthan,
point of doing away with the death cases of litigation. possess a different perspective I would like to remind the writer
Gujarat and Orissa, it was second
penalty. In the case of Yakub Akshay Viswanathan, than theirs; whether right or left or that
only to the INC in strength. In the since Independence,
Memon, how can the judiciary Thiruvananthapuram even right or wrong is a matter for subsequent election in 1967, itourmainstream academic
extend leniency to a person who another debate. The writer has andintellectual discourse has
bagged 8.7 per cent of votes and
admitted that he was behind an act Missing intellectuals clandestinely compartmentalised been dominated by Left wingers
with 44 seats, and was the second
that killed innocents? Many of theThe article, The missing intellectuals not just on the basis of largest party in the Lok Sabha.who despite their posturing of
ideas put forth apply to several conservative intellectual, (July their ideology but on the basis of Since then it gradually melted being liberal were not so. The
undertrials in India and who have 25), seems to be based entirely on a their religion although the two do right-wing perspective has always
away, dying a natural death after
fallacious categorisation and a
yet to be cleared of charges in their not necessarily intersect. The need been decried, and labelled as being
the demise of its founder. Had it
respective cases. The nation has questionable assumption. The of the hour is to establish synergy revivalist and chauvinist. With so
survived, perhaps there would have
term social conservative is used
suffered a great deal on account of within the academic, political and much stigma, who would choose to
been no political space in India for
terrorism and should display zero with reference to positions on intellectual fraternity be
a sectarian conservative party like right-wingconservativein
tolerance towards such activities.issues such as family values, notwithstanding differences in the BJP. India? Its pertinent to say that
N. Sadhasiva Reddy, abortion, same-sex rights and ideologies. leftist majoritarianism inthe
V.M. Mohanraj,
Bengaluruchild-rearing, and not with Avinash Vaish, intellectualsphere is responsible
Bengaluru
reference to caste. The wrong Hyderabad for the dearth of capable right-wing
Italian Marines assumption is that only those who The writer has ignored the distinct scholars in India.
That the Italian Marines case has interpret India in terms of caste The secular conservatives in India, contributions made by the left Anoop Suri,
not been taken to its logical hierarchies and categories qualify the leading gures of which were intellectuals and social movements New Delhi
BG-BG
 www.jobsalerts.in
10 | EDITORIAL THE HINDU
BENGALURU

TUESDAY, JULY 28, 2015

Talks with Taliban: more hype than hope

Jayant Prasad
TUESDAY, JULY 28, 2015
Can negotiating with the Taliban result in
peace and stability in Afghanistan? Eventu-
Terror at ally perhaps, but not under the current cir-
cumstances. Not while its government is
hobbled by economic meltdown, is short on
the border international assistance, and its security
forces are struggling, at great sacrifice, to
hold their ground against a resurgent
he terrorist attack on civilians and a police Taliban.
After many false starts, Afghanistan, Pakistan and
the Taliban are now settling on the starting blocks.
This will be a marathon, not a short race, and will
not end so long as the Taliban and Pakistan talk
peace and pursue violence
sion of Syed Tayyeb Agha, head of the
Taliban political office in Qatar, adds to the
incertitude of the peace talks, as he is recog-
nised as the sole figure authorised to nego-
tiate on behalf of the Taliban.
Indications of the Talibans readiness to
sit down to talk have been in the air for a few
years. The question is, under what condi-
tions and to what purpose? Some Afghan
participants who participated in the recent
for a decade, is dead or alive. Even if the
Taliban was to agree to a ceasefire, it will be
to bide its time for a more formidable
offensive.
The role of the Pakistan Army
Mr. Ghani often says that Pakistan has
been in an undeclared state of hostilities
with Afghanistan. For him, Pakistans ac-
ceptance that the real conflict is between the
two States, rather than within Afghanistan,
is the breakthrough. The problem, funda-
mentally, is not about peace with Taliban,
he told a conference co-hosted by the U.S.
Institute of Peace and the Atlantic Council

T station in Gurdaspur district might have been

the first such serious incident in Punjab in the
last two decades, but it is of a piece with the
recent violence from across the border in the Jammu
region. The border district is situated close to Jammu,
and the attackers would have found it a soft target. Any
part of India close to the Jammu region could just as
easily have been their target. After security was stepped
up in the border areas of Jammu and Kashmir, militants
operating from across the border appear to have been
forced to take other routes close to Jammu to carry out
assaults. Of late, terrorists have targeted not only army
camps but also civilians in Hindu-majority Jammu.
Although Pakistan-based militants would like to keep
the focus on Jammu and Kashmir, any attack close to
the Jammu region would serve their purpose. The Uri-
Jalandhar highway runs close to the border with Pakis-
tan at Pathankot near Gurdaspur, and provides access
to the Jammu region from a section of the border that is
not as heavily guarded as stretches in Jammu and Kash-
mir. If the Gurdaspur attack signifies anything, it is that
militants are ready to shift their targets, and make a
mockery of Indias efforts to secure the border districts.
For Punjab Chief Minister Parkash Singh Badal, the
immediate challenge it seemed was to counter the im-
pression that the attack had something to do with the
demand for Khalistan. That the militants were suicide
attackers who were intent on fighting till the very end,
unlike the Khalistani militants in the 1980s who pre-
dominantly adopted hit-and-run tactics, allowed him to
assert that the attack was not an indication of any
revival of terrorism in the State. Also, the attackers
were reported to have shouted Islamist slogans. Howev-
er, irrespective of these facts, intelligence agencies have
been warning of a rise in pro-Khalistan activity. Last
month, the Research and Analysis Wing had sent a
report to the Union Home Ministry and the Prime
Ministers Office on the Khalistan liberation move-
ment finding support in Pakistan, as also in the U.S.,
the U.K., Germany, France and the Maldives. The gov-
ernment needs to take threats from this quarter also
seriously. The dastardly attack in Gurdaspur is a major
setback to the confidence-building process initiated by
Prime Minister Narendra Modi and his Pakistani coun-
terpart Nawaz Sharif during their meeting in Ufa earlier
this month. There can be no let-up on Indias part in
countering acts of aggression from across the border.
But attacks such as the latest one should not deter
efforts to engage Pakistan in talks. It is crucial that
Pakistan be made to realise the futility of nurturing
militants on its soil as a strategy against India.
Afghanistan President Mohammad Ashraf
Ghani thinks he can achieve, through per-
suasion, what the United States failed to get
by coercion. He applauded the first, direct
meeting at Murree, Pakistan, on July 7, be-
tween a Taliban delegation and representa-
tives of Afghanistans government and High
Peace Council (HPC) as the biggest achieve-
ment of Afghanistan over the past 14 years.
A follow-up meeting is days away.
At Murree, as at the preceding track-two
meetings in earlier weeks in Doha, Dubai,
Oslo and Urumqi (China), the Taliban com-
mitted to safeguard the lives, honour and
properties of Afghans. This was flouted
within hours of Mr. Ghanis statement, as
the Taliban attacked civilians in Khost, Ka-
pisa and Baghlan, including a congregation
gathered for iftar, killing scores of persons.
Deconstructing the Murree meeting
The format of the Murree talks was 2 (Ta-
liban and HPC) + 1 (Pakistan) + 2 (China and
the United States), the last two attending as
observers. Negotiations with the Taliban are
meant to be an Afghan-led and Afghan-own-
ed, inter-Afghan process. Yet, Pakistan is the
guarantor and guide of this dialogue. Af-
ghans are keen to hold the next round out-
side Pakistan, and with the main leaders of
the Shura.
When former Afghan President Hamid
Karzai, in 2008, offered to talk to Mullah
Omar anytime, anywhere, Pakistan denied
having access to members of the Quetta Shu-
ra. That its horses are kept in Pakistans
stables was implicitly confirmed the mo-
ment Pakistan agreed to facilitate the peace
process.
No known senior members of the Shura
were present at Murree. A noteworthy in-
clusion was that of Mullah Yahya, of the
Haqqani network, which is known to act as
a veritable arm of Pakistans Inter-Ser-
vices Intelligence (ISI) agency. The exclu-
CARTOONSCAPE
Pakistans National Security Advisor, Sar-
taj Aziz said that the key Taliban leaders at
the talks represented Akhtar Mansoor, the
acting head of the Taliban, and that Man-
soor had a clear mandate from the Central
Shura. The Murree process is going to be as
much an Afghanistan-Pakistan dialogue, as
one between the Afghan government and the
Taliban.
Mr. Ghanis play of the dice has logic, since
the Quetta Shura operates under the um-
brella of the Pakistan Army. Mr. Karzai had
attempted to engage Pakistan exactly the
same way. He failed, but not for lack of try-
ing. His later efforts, to contact individual
Taliban leaders resulted either in their in-
The Pakistan Army is a firefighter in Pakistan and indulges in
incendiarism in Afghanistan, dousing the flames within its own
territories and fanning them across its borders...
carceration or elimination. The former Tali-
ban Defence Minister, Mullah Obaidullah
Akhund, arrested in Pakistan in 2007, was
allegedly tortured and killed in March 2010.
When, in 2010, Mr. Karzais emissaries
engaged Mullah Biradar, the seniormost Ta-
liban leader after Mullah Omar, he was
promptly arrested in Pakistan and put out of
commission. In 2013, an HPC delegation,
permitted to see Biradar, found him to be so
heavily drugged that he could not utter a
single word in the meeting.
Contradictory objectives
And when, in a creative move, the U.S.
helped Qatar set up a Taliban office in Doha
to give Taliban representatives a measure of
independence from Pakistan, the ISI sought
to infiltrate and control that office. The re-
cent arrest of Tayyeb Aghas brothers in Pa-
kistan might have been part of this effort.
meetings feel that the Taliban has principal-
ly used its international exposure to charm
foreign interlocutors, instead of committing
to abjuring violence and joining the demo-
cratic process.
While Afghans suffer intimidation and
terror at its hands, the Taliban projects itself
as a moderate and nationalist force, promis-
ing to protect womens rights and female
education, and provide a clean administra-
tion. They claim ideological and organisa-
tional disassociation with extremist groups
like the al-Qaeda and Daesh.
These talks are unlikely to deliver peace
and reconciliation because the objectives of
the protagonists do not match. Mr. Ghani
hopes to make the negotiations a continuing
process, and meanwhile build mutual confi-
dence, outline the agenda issues necessary
for peace, and eliminate violence. The Tali-
ban wants the exit of foreign forces, power-
sharing, constitutional changes establishing
the supremacy of the Sharia, and the re-
establishment of the Islamic Emirate of Af-
ghanistan, reversing the gains of the Afghan
people over the past 14 years. Its immediate
objectives are seeking the release of Taliban
prisoners, ending targeted sanctions, and a
removal of the bounty lists for information
leading to the location and capture of its
prominent leaders.
Moreover, not all factions of the Taliban
are committed to peace. Large areas have
fallen under its de facto control, including in
pockets in the north, from Faryab to Ba-
dakhshan. No one other than the Pakistan and bad terrorists. The Pakistan Army is a
Army knows whether Mullah Omar, not seen
in Washington DC in March, The problem
is fundamentally about peace between Pa-
kistan and Afghanistan.
Facilitation of direct talks with the Tali-
ban is not enough to prove the Pakistan
Armys bona fides. It has failed to provide
Afghanistan direct access to key members of
the Shura, take action against the Haqqani
network, and restrain the Taliban from its
2015 offensive.
Instead, since the launch of Zarb-e-Azb
the Pakistan Armys war against terrorism
just prior to Mr. Ghanis assumption of
office, more Afghan soldiers have died in
action than the number of U.S. and Interna-
tional Security Assistance Force soldiers
killed in the preceding 13 years. The question
in Afghan minds is: has the Pakistan Army
really done what it can?
Its past conduct reinforces such doubts.
Thrice before, it has had the opportunity to
help stabilise Afghanistan: first, in 1992,
when the Peshawar-based Seven Party Alli-
ance formed the government; second, when
the Taliban took over in 1996; and third,
post-2001, when Pakistans contribution to
Operation Enduring Freedom made it a Ma-
jor non-NATO ally.
The Pakistan Army is believed to no long-
er follow a selective approach to terrorism,
and to have strong internal and external rea-
sons for pursuing a new policy. Pakistan has
paid a heavy price for its complicity with the
Taliban. Moreover, a Taliban government in
Kabul might not serve Pakistans best in-
terests. The U.S. desire to disengage, and
Chinas decision to invest in Afghanistans
stability, to deny a safe haven for Uighur
insurgents and pursue its regional interests,
serve as incentives for Pakistan to alter its
behaviour.
Even so, Pakistan still prevaricates on
ending the distinction between the good
firefighter in Pakistan and indulges in in-
cendiarism in Afghanistan, dousing the
flames within its own territories and fanning
them across its borders. It is expelling ter-
rorists from Pakistan and installing them in
Afghanistan, thereby shifting the epicentre
of terrorism away from Pakistan. The Pakis-
tan Army treats the Tehrik-e-Taliban Pakis-
tan (TTP) as the enemy of State and the
Afghan Taliban as a legitimate force, advo-
cating the extinction of TTP and accommo-
dation of the Taliban.
The course of future talks
The Murree meeting foretells future con-
versations, even negotiations, which are
bound to be long and complex. Attempts to
conciliate the Taliban were made even be-
fore its resurgence in 2005-06. The High

Positive turn Peace Council was set up in 2010, with for-

mer President Burhanuddin Rabbani, as its
head. The Taliban assassinated him the fol-

in Bangladesh lowing year. After many false starts, Afghan-

istan, Pakistan and the Taliban are now
settling on the starting blocks. This will be a
marathon, not a short race, and will not end
he Bangladesh Nationalist Partys (BNP) deci- so long as the Taliban and Pakistan talk

T sion to drop its demand for the formation of a

caretaker government under whose charge
parliamentary elections would be held, offers
a fresh opportunity to resolve an extended political
deadlock. Bangladesh has seen a political crisis since the
re-election of the Sheikh Hasina-led Awami League
government in January 2014. The Khaleda Zia-led BNP
and other opposition parties boycotted the poll after
their demand for elections under a neutral caretaker
was rejected. As a result, the election became a one-
horse race, raising questions about the governments
democratic credentials. Since then, the BNP and its
hardline Islamist ally Jamaat-e-Islami had been fight-
ing street battles. Too often since the authoritarian
H.M. Ershad era, Bangladesh has seen political instabil-
ity due to the game of one-upmanship between the two
leading political parties, with election and Parliament
boycotts and incessant agitations becoming all too com-
mon. Nearly 19 months after the controversial election,
perhaps having realised that the non-parliamentary
oppositional politics was weakening the party, Ms. Zia
indicated that she was ready for a compromise.
The animosity and mistrust between the two main
parties have cost Bangladesh dear. While the BNP and
the Jamaat resorted to violent protests, the government
responded in a determined manner to crush the opposi-
tion. Political violence has been steadily on the rise
since the last election, while many have criticised the
undemocratic bent of the Hasina government. The sit-
uation remains volatile with forces opposed to secular-
ism and democracy waiting to grab any opportunity to
push their agenda. It is no secret that the Islamists have
been aggressively trying to capitalise from the political
mess. The Jamaat in particular has been at odds with
the Sheikh Hasina government after two of its leaders
were hanged for crimes against humanity committed
during the 1971 Liberation War. Moreover, there was
the real danger of the military finding a pretext for
another political intervention if the law and order sit-
uation had worsened. It is against this background that
the BNP has signalled a softening of its position. The
Sheikh Hasina government should seize this opportuni-
ty and break the impasse, adopting a more conciliatory
approach ahead of elections. The BNP should rethink
its alliance with the Jamaat, and abandon the tactics it
has been resorting to. Reinforcing secular democratic
principles, on the basis of which Sheikh Mujibur Rah-
man led Bangladesh to freedom, should be the way
forward. A proper concert of an effective government
and an opposition in Parliament is an imperative for a
democracy, especially for a fledgling one such as this.
CM
YK
LETTERS TO THE EDITOR
A.P.J. Abdul Kalam
A.P.J. Abdul Kalam breathed his
last while delivering a lecture to
students, probably with a smile on
his lips, and which is something
quite reminiscent of his
everlasting legacy. His vision
provides us the path to be followed
in the future. A true inspiration
and a model citizen, his life story is
one to be narrated for generations
to come. His demise will definitely
have an emotional impact on all
the citizens.
Akshy Sridhar,
Chennai
Fresh mercy petition
There appears to be no visible and
untoward reaction when a number
of eminent social activists, jurists,
and politicians issue a statement
appealing for clemency for Yakub
Memon, but an instant storm
when a Bollywood actor tweets his
support for the convict (Citizens
petition President, and Salman
questions Yakub hanging, both
July 27). I fail to understand why
the actor was targeted. Was it
because he is a soft target and a
celebrity who is from the minority
community? Is he not entitled to
his opinion on social issues
however unpalatable they may be
to the powers that be?
K.S. Sundaram,
Bengaluru
Yakub Memon has already served
a term of 20 years and has
psychological problems. It may be
more reasonable to keep him in jail
till his natural end. The fact is that
the death penalty neither prevents
crimes nor controls terror.
J.P. Reddy,
Nalgonda, Telangana It is a shame that some eminent
Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.
In this case, there is an
overwhelming necessity to keep
this convict alive given his
importance in shedding more light
on the workings of the underworld
and the terror machine from
across the border. There is also
international precedent set by
governments that are in the
forefront of fighting terror sparing
the lives of terrorists. The U.S.
keeps a number of terrorists in
captivity who were captured
through extraordinary rendition;
none has been executed nor even
convicted. Russia has not executed
the lone terrorist of the Beslan
massacre. Israel keeps such killers
alive for swap when its own agents
and soldiers are in trouble. Above
all, keeping a person on the death
row for ages speaks volumes about
lack of natural justice.
Devesh Pant,
Dehra Dun
If Yakub Memon was guilty, why
was coming to India so important
for him that he was willing to risk
his freedom and even life for it?
Perhaps, it was his conscience that
dictated that he must come clean.
While terror needs to be
eliminated, we need to be sure that
Memon is truly the mastermind.
Carrying out the death penalty will
only encourage communal forces
to use this to fan the perception of
injustice in the minds of the
minorities. Second, terror
elements may avoid cooperating
with the government or its agents
for the fear of being done in, which
might only weaken our fight
against terror.
Pranav Shekhar,
Roorkee
peace and pursue violence.
(Jayant Prasad is a former Indian
Ambassador to Afghanistan. Currently, he is
Advisor, Delhi Policy Group, and Visiting
Fellow at the Research and Information
System for Developing Countries.)
citizens are keen to save the life of on strange shores, July 25). Not
a terrorist and traitor. If the lives
Spot-fixing case all people who are interested in
of murderers, anti-national The report, Cricketers discharged migrating can pay the inflated-
elements, and terrorists are to be in spot-fixing case (July 26), than-Protector-General of
saved, what will happen to this shows that the Indian judicial Emigrants (PGE) mandated price
country? system needs drastic changes as thereby nipping in the bud their
A. Srikantaiah, we come across cases of acquittals desire to earn more. A minimal or
Bengaluru even after sensational, watertight zero cost of migration would be
revelations. It is a fact that the big welcome. If these issues are solved
It is incredulous that some of the fish who effect match fixing are then it would encourage our
elite sections of society are citing still going around scot free. There citizens to migrate to other
Yakubs state of being mentally needs to be a neutral agency that countries in search of better
unfit and his having makes investigations and then opportunities and gain valuable
schizophrenia as grounds to stay takes action. The three cricketers exposure. The issues regarding the
the execution. How did he manage have now got an extended career rehabilitation of migrants who
to secure two masters degrees and must try and make a dignified return and how they can be
then? It is the constant fear of comeback. utilised effectively was an eye-
losing votes from a particular C.K. Ramanathan, opener. A successful rehabilitation
religious community that drives Mumbai process will help India a great deal.
A.B. Prashanth,
successive governments to be
lenient. A sportspersons playing years are Chennai
A culprits cooperation in fair dependent on form and fitness,
investigation cannot be an excuse more pronounced in a bowlers Point in a headline
to exempt him/her from case as the role is injury-prone. Captivating titles and headlines
punishment, given the nature of Most of our players spend a may/will lure readers who fight
the crime. Instead of interpreting sizeable time of their youth in time to read reports (Moot point
this case through a judicial honing their cricketing skills. Also, in a headline, July 27). When Pat
perspective, several opportunistic given their economic Cash defeated Ivan Lendl in the
attempts are being made to backgrounds, many cricketers are 1987 Wimbledon final, one British
politicise and communalise the prone to temptation and playing newspaper was it The Sun?
issue. Unless concrete steps are and making money using unfair came up with the poster: Cash is
taken to deal with terrorism, the means given their short careers. better than Czech today.
issue of dealing with anti-social Match-fixing episodes are Air India, in its heydays came out
elements will continue to extremely complex in their with the slogan: Our service: your
challenge the nation. operations. It is precisely this advantage. BBC announced the
Ippili Santhosh Kumar, complexity that has enabled the passing of one of our Presidents
Hyderabad IPL cricketers in question to succinctly: Dr. S. Radhakrishnan
escape. One only hopes that the a renowned philosopher is dead.
A judge once told me that when it episode will have instilled fear in He was also a former President of
concerns the death sentence, the the minds of future generations of India. Imagination and ingenuity
evidence has to be 100 per cent cricketers and that spectators are will result in titles and headlines
right because even a 1 per cent not taken for a ride any more. which reveal the beauty, the magic
element of doubt would benefit the V. Lakshmanan, and the power of language and
accused. If such is the case, it is Tiruppur expression. But more importantly,
difficult to fathom why there is the headlines and titles should do
such a wave of support for the Indian workers justice to the contents rather than
convict. The key cause for primary taking the reader for a ride.
Pingali Gopal, apprehension regarding migration C.G. Kuriakose,
Warangal, Telangana is the cost factor (Left stranded Kothamangalam, Kerala
BG-MY
 www.jobsalerts.in
10 | EDITORIAL THE HINDU
BENGALURU

WEDNESDAY, JULY 29, 2015

Reclaiming a space for the Church

display exemplary commitment, he has pub-
Pope Francis is seeking to find a place for the licly said that Marxist ideology is wrong. He

Valerian Rodrigues
WEDNESDAY, JULY 29, 2015
In the short span of two years of his papacy,
Pope Francis has attempted to reform the
Igniting archaic institutional layout of the Catholic
Church that he heads, has striven to promote
inter-religious dialogue, and has taken a
minds stand on a set of key social concerns. What is
likely to be the impact of these initiatives,
and how will they affect the different con-
n the passing away of former President A.P.J. stituencies they are addressed to?
Church in a materialistic and market-oriented
world where there is a new-found ethical and
religious craving
heaped on them, and the kind of labour that a
large number of people are being subjected
to make their lives meaningless. On the oth-
er hand, there is a massive concentration of
wealth in a few hands and conspicuous con-
sumption which the Pope has described as
immoral. There is one intimate link across
Inter-religious and Ecumenical Gathering at
the Bandaranaike Memorial International
Conference Hall in Colombo, he argued for
full and forthright presentation of the con-
victions of different faiths. While there will
necessarily be a variety of religious convic-
tions, honest and transparent expression of
has not favoured the socialist upsurge in
Latin American countries in recent years
while condemning authoritarianism and
dictatorships. In fact he feels that Marxists
have stolen the flag of Christianity, the poor.
Some of the initiatives of the Pope can be
explained from his own personal experienc-
es the situation the Church confronts in
Argentina where he was a church function-
ary for decades, and particularly the legacy
of the Society of Jesus of which he is a mem-
ber. He has the reputation of opposing dicta-
torial rule resolutely in his own country.

I Abdul Kalam, India has lost not only a visionary

scientist and an institution-builder, but also a
staunch nationalist who was an inspirational fig-
ure for people across generations. Turning India into a
developed country of the first world was his dream, and
he set about making this a reality through words and
deeds, first as scientist, then as the President, and later,
till the very end, as an ordinary citizen. Kalam began as a
civilian rocket engineer and metamorphosed into a mis-
sile technologist, but it is as the peoples president, as
the first citizen who was accessible and who stopped to
listen to the grievances of ordinary men and women that
he won the love and affection of his countrymen. In the
fields of civilian space and military missile technologies,
Kalam put India on the world map by laying strong
indigenous foundations for them. When India joined the
exclusive club of spacefaring nations comprising the
U.S., Russia, France, Japan and China on July 18, 1980,
Kalam was the Project Director of the Satellite Launch
Vehicle-3 in the Indian Space Research Organisation
(ISRO). Since then, India has joined the world leaders in
satellite launches and space research.
Kalams tenure in the Defence Research and Devel-
opment Organisation and as the director of the Defence
Research and Development Laboratory (DRDL) at Hyd-
erabad heralded immense achievements in missile tech-
nology; he was part of the team that envisioned Indias
Guided Missile Development Programme. Projects such
as the development of the Prithvi, Akash, Trishul and
Nag missiles were undertaken. Kalam also insisted on
the development of a strategic missile with re-entry
technology, resulting in the Agni missile. He insisted
that both ISRO and DRDO develop composites such as
carbon-carbon, fibre-reinforced plastic, etc to make mo-
tor casings lighter so that the vehicles can carry a heavier
payload. His consortium approach led to the indigenous
development of phase shifters, magnesium alloys, ram-
rocket motors and servo-valves for missiles. As scientific
adviser to the Defence Minister, he helped conduct
Indias nuclear tests at Pokhran in May 1998. But more
than as a scientist and a technocrat, Kalam will be
remembered for his tenure as Indias 11th president,
when he moved the institution away from being merely
formal and ceremonial in nature. He used the presi-
dency as a platform to inspire youth, who were readily
impressed by his earthy demeanour and discursive ap-
proach to public speaking. The missile man had his
critics, but Indias most popular president leaves behind
the legacy of more than one generation of inspired
Indians.
Among the social issues addressed by him,
these could be considered significant: the
treatment meted out to gay and lesbian
members of the Church, the role that money
and profit-seeking have come to play in hu-
man relations, growing income inequalities
in societies, environmental degradation and
climate change, urban growth and the mar-
ginalisation it begets in its wake, the ap-
proach of the developed world to the refugee
problem, the rise of youth unemployment,
poverty and exclusion, ideological ghettoes
and corruption in public life. The relation-
ships among LGBTQ groups had no place
within the Catholic Church, and, socially,
they suffered much ostracism. While the
Church has not come forward to formally
accord sanction to such relations, the Pope
has called for respecting, on grounds of hu-
man dignity, the choice that persons belong-
ing to these groups make.
Subjection and dignity
The near collapse of all human urges to
consumer culture, he feels, tends to under-
mine all human values. The economic sys-
tem in place has eroded economic
opportunities to the poor and their life
chances. The Pope has tended to link envi-
ronmental degradation with migration, new
modes of slavery, human trafficking and
shanty urban growth. As a result, millions of
people have been forced to leave their hearth
and home for crowded inhuman peri-urban
growth. The uncurtailed growth of cities is
leading to shanty towns and slums on their
peripheries. Conspicuous consumption has
led to the depletion of fossil fuels and result-
ing in adverse climate change. He has de-
nounced the measly treatment extended by
the developed world to refugees fleeing their
land due to natural and human tragedies. It
is not uncommon that boats that transport
such asylum seekers are being pushed back
into the sea, and all such exodus being sub-
jected to intense surveillance.
The Pope feels that some of the ideological
frames advanced in certain parts of the
world in the name of freedom beget new
modes of subjection. Corruption in public
life is a widespread malaise particularly in
the non-European world that denies people
what is rightly their due. Rampant youth
unemployment is a mode of humiliation
CARTOONSCAPE
all these issues. They are an affront to hu-
man dignity. According to him, putting
bread on the table, putting a roof over the
heads of ones children, giving them health
and education, these are essential for human
dignity. But he also sees these concerns as
being deeply bound with mans relation to
nature, and merely to the here and now.
Significance of religion
The Pope has felt that faith is an integral
element of human striving expressed
through several religious persuasions. This
emphasis on the larger significance of reli-
gion in human life has drawn much support
personally to this Pope from diverse reli-
gious denominations. In Lumen Fidei, his
first encyclical, he speaks of the loss of mean-
ing and purpose that a person suffers from in
The Pope has argued that Islam is a religion of peace,
compatible with a respect for human rights and peaceful
coexistence, and declared as unacceptable, attempts to isolate
Muslims suspecting them for terror and violence.
a consumer society. There is not much to
strive for after beyond the humdrum of day-
to-day life.
Given the role that religions play as
bridgeheads to the beyond, paying insult to a
religion is a way of humiliating the followers
of that religion. One does not have the right
to offend and ridicule the faith of others in
the name of freedom of religion. Along with
Muslim religious leaders he has condemned
the satirical depiction of the prophet in the
Charlie Hebdo case. At the same time he has
denounced the killing of people in the name
of religion, and called upon other religious
leaders to condemn the same. He has argued
that Islam is a religion of peace, compatible
with a respect for human rights and peaceful
coexistence, and has declared as unaccept-
able, attempts to isolate Muslims by suspect-
ing them for inciting terror and violence. At
the same time he has felt that religious belief
should not be abused in the cause of violence
and war. In his public appearances, inter-
religious dialogue has been a recurrent
theme.
In January 2015, when he spoke at the
the same would bring out what unites and
divides the believers. He feels that there are
adequate resources in each religion in favour
of peace and coexistence. While defending
religious freedom, he has denounced fanat-
icism and religious fundamentalism.
Reforms as challenge
It is over the institutional reforms within
the Church that he faces some of his biggest
challenges. The labyrinthine corridors of
Church offices and Papal bureaucracy are
replete with vested interests of all kind, and
such has been the case for long. The mon-
archical design of papal administration has
little built-in transparency and accountabil-
ity. Patronage and clientelism are wide-
spread under the sacral canopy. There have
been recurrent financial scandals at the Vat-
ican. Recruits from Italy have dominated
offices and positions that govern the Church
worldwide. The vow of celibacy that binds
the Catholic clergy has led to much abuse
including child abuse. The Pope has taken
some initiatives on this front, by bringing in
new personnel, by convening the College of
Cardinals as a body to oversee and elicit
accountability, and by taking a few measures
to strengthen the synod system. But the in-
stitutional leviathan side of the Church is
little geared yet to imbibe the exhortation of
the Pope two years ago at the conclave that
elected him: The Church is sick and it is
closed on itself. It needs to go to the periph-
eries and risk everything for the shunned
and marginalized.
Behind the initiatives
How does one explain these initiatives?
Where is the motivation and justification for
these initiatives drawn from? The Pope is
not a votary of the liberation theology as it is
understood generally. While he has admitted
even before he became the Pope, as Cardinal
Jorge Mario Bergoglio, that many Marxists
Even as a Cardinal, he is supposed to have
opted for public transport, lived in a small
apartment, and cooked his own food. As
Pope, he opted to stay at a guesthouse, Do-
mus Sanctae Marthae, at the Vatican, than
at the Apostolic Palace. The anointed ring
that he wears is made of silver rather than
gold.
These symbolic options can be explained
through certain resources available in Chris-
tian teaching, i.e., option for the poor, as
exemplified in such exhortations as the Ser-
mon on the Mount, which appealed to Ma-
hatma Gandhi immensely. When, as Pope,
Cardinal Bergoglio assumed the name of
Francis, such partisanship is reflected. Fran-
cis of Assisi, a 12th century saint, is known to
have dedicated himself to the poor, the sick
and the afflicted.
A place for the Church
But the wider context which calls for these
initiatives is not less noteworthy. More and
more people have deserted the Church in
recent decades. In fact, today, church at-
tendance in Europe is at its lowest ebb.
There have been new and rival churches on
the rise such as the Pentecostals. Very few
people look up to a Catholic priest as an
exemplar. At the most his role is confined to
certain rituals. The intellectual role that the
Church once played as well as the academic
discipline of theology is increasingly dom-
inated by lay scholars. The Catholic church-
es generally possess abundant resources in
land, buildings and antiques as part of their
inheritance. In fact one of the first steps that
Pope Francis took after assuming papacy
was to sell the shares of banks held by the
Vatican and make it a mere account holder.
However, there is a much more serious
reason for this initiative. While the devel-
oped world can still offer avenues for scien-
tific, literary and humanistic pursuits, and
has room for entrepreneurship, questions
are being raised increasingly whether it is all
there worth striving for. The kind of con-
sumer citizenship that the market promotes
leaves little room to pursue dreams and ob-
jectives other than commodities. Human
concerns come to be narrowly circum-
scribed. Competitive politics generally re-
volves around the mundane and the here and
now. In this context, there are many who feel
that there is a dimension of the human to
seek the beyond that has been wholly set
aside by the existing state of affairs. Seeking
the beyond could also be linking oneself with
the other, particularly the deprived other.
Pope Francis seeks to insert the Church into
this new-found ethical and religious craving.
He also probably feels that religious persua-

Agrarian distress sions and particularly the Church should

play this role. But can they?
The social issues the Pope has raised are

and suicides already a part of public reason worldwide.

Whether policymakers are going to take the
concerns expressed by the Pope seriously or
not depends on several factors. Being per-
oo much of public discourse on farmer suicid- suaded by his concern may not be a signif-

T es could bring on unseemly haggling over the

numbers. Activists and the media rightly
question loopholes in the National Crime Re-
cords Bureau data, pointing out that several State gov-
icant factor in this regard.
The Church enjoys little moral status in
many societies today where it was once the
dominant voice. There are other voices in
society which can claim to play this role, and
ernments often report no farm suicides, contrary to rightly so. The papal bureaucracy, with its
local media reportage. However, there is also much 800-year history, is little prepared to loosen
needless suspicion and conspiracy-theorising; the its grip over significant issues, short of a
NCRBs data are from police station-level First In- radical overall. Church interests have been
formation Reports, and FIRs are often contested docu- caught with capital, power and order for far
ments, not conclusive proof. Attacking the NCRB for too long, and there is already a conservative
backslide against many of the initiatives of
the numbers rising or falling is illogical; media reports the Pope. Therefore, will he just end up being
about the NCRB changing definitions or manipulating the voice crying in the wilderness?
the data this year are demonstrably false. For the gov- (Valerian Rodrigues is ICSSR National
ernments part, it could start by accepting that these Fellow at Mangalore University and
numbers are the bare minimum, unlike Chhattisgarhs formerly Professor of Political Science at
Jawaharlal Nehru University, New Delhi.)
Agriculture Minister who responded by insisting that
no farmer had killed himself and the NCRB must be
wrong. Moreover, while the NCRB lists several reasons,
including marital and family problems and illness, as
LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.

the causes of farm suicides, this should not be taken as

works will continue to inspire a man ever walked upon this legitimacy from the bogey of an
the gospel truth; initial police reports often have little A.P.J. Abdul Kalam The best tribute to this great
motivator lies in these measures. generations to come. Indias Earth. Indian threat attempt to stall the
to do with the complex factors that drive someone to One needs to admire A.P.J. Abdul A.V. Ramanathan, Missile Man and the Peoples G. John, process. Despite the grave
take his or her life. The government would do better to Kalam for his phenomenal rise Chennai President brought a life and Dehradun provocations, the government
study more scientifically what is driving farmers to take from a rural town to the pinnacle. dignity to everything he did and should not fall in the trap but
their own lives at the rate of over one every hour. He retained a childlike curiosity The sudden passing of Mr. Kalam every position he held. As he Terror returns continue pursuing peace with
Whats clear is that suicides represent only the tip of till his end. His last interaction, comes as a rude shock to millions wished so he lived a teacher The 12-hour stand-off at Pakistan.
while with students, is a fine of his well-wishers. His love for throughout his life till his last Gurdaspur once again puts Rudra,
the iceberg that is agrarian distress in India. So far in
example of his attachment children is what made him breath. He not only had a vision for Pakistan in a tight spot (July 28). New Delhi
July, an estimated 90 farmers have taken their lives in towards our youth. His dedicate his book, Ignited Minds, a developed India but had a The ray of hope that had emerged
Karnataka, while the government and the media strug- achievements have always ensured to a child who once impressed him blueprint of how to achieve this on the sidelines of Ufa is fast Point in a headline
gle to understand the immediate catalyst; these did not that India has held its head high. with her answer to his query, who within a time frame. disappearing. The situation has Tabloidism seems to be an
occur in the States drought-prone regions, nor was His simplicity, honesty and people is our enemy? The answer: Manzar Imam, worsened with repeated ceasefire occupational hazard that even
there a sudden crop failure or similar emergency. In- skills were inimitable. Poverty. The nation has lost a New Delhi violations. In neutralising the reputable print newspapers have
M. Raajaraman, great visionary and an outstanding terrorists, the Punjab Police have to reckon with once they embrace
terviews with farmers in the region have pointed to Karaikal technocrat. The Union government has taken shown exemplary courage and the digital medium. For a
lack of institutional credit as one of the major prob- G. Charumathi, the right step of declaring bravery. But were 12 hours reputable newspaper like The
lems, an issue that has been repeated by farmers across Mr. Kalam had the rare distinction Chennai weeklong national mourning, but required to neutralise just a few Guardian, especially when it has
the country, including in the suicide epicentres of Vi- of being a scientist who no holiday. It was the great mans terrorists? resisted erecting paywalls, a
darbha and Marathwada in Maharashtra. The income contributed to the progress of A.P.J. Abdul Kalam came across to wish that no holiday be declared Agam Singh Bedi, catchy headline becomes an
of an average farm household is just over Rs.6,400 a developments in space, defence all as a fine gentleman, an upon his demise; rather, an extra Mohali, Punjab existential necessity to garner
and atomic energy. No other apolitical personality and a true hour of work be done. maximum number of clicks.
month, National Sample Survey Office data show, and President or head of a state has this human being with his simplicity Brinda Singh, How long will the Indian The Internet has blurred the
this is grossly inadequate to meet consumption de- distinction. His simple but and natural characteristics of head New Delhi authorities go on singing the same distinction between news, story
mands, not to mention rising input costs. Only house- powerful speeches and inspiring and heart. He was a renowned tune that terrorists were on and report. The online reading
holds with over one hectare make more than they writing have always ignited young scientist in his own right and I was once interviewed by Mr. Indian soil, and had support from experience is geared to short-term
spend, and they constitute less than 35 per cent of all minds. His remarkable efforts in greatly instrumental in spreading Kalam for a job at VSSC while he across the border? It is a fact that gratification, rather than being a
combating rumours and dispelling a scientific temper and a spirit of was basking in the glory of the the ISI does not want peace to considered/serious examination
farm households. This leaves over half of all farm doubts about the significance of inquiry. His passing is a great loss successful SLV-3 launch. The prevail. But how can elements of information and knowledge.
households in debt. These are no small debts; the aver- the Kudankulam nuclear power to the country on the threshold of incomparable Kalam will continue inimical to India enter the Typical online readers like to hop
age amount outstanding for a farm household today is project and the neutrino leaping into the future with great to shine with his incandescent country? It is our failure. How can from headline to headline pausing
Rs.47,000. These must be extremely heavy burdens for observatory near Theni cannot be hopes. luminosity through his every act in we be lax in guarding our borders? only if something spicy catches
them. Farm suicides, whether owing to purely agricul- forgotten. His inspiring life V. Padmanabhan, life, true to the epithets and M.P. Yadav, their attention. The point is, it is
tural reasons like crop failure, or the complex pres- history, writing and speeches Bengaluru sobriquets he assumed in his Hyderabad futile to apply journalistic
should be included in all journey on this earth. standards when the medium itself
sures on an Indian farmer, must be tackled seriously on textbooks. Awards should be In the passing of Mr. Kalam, India I recall Einsteins words about Whenever there is some progress promotes shallowness.
the basis of a comprehensive examination of the causa- instituted in his name to honour has lost one of its tallest sons of the Mahatma Gandhi: Generations to in talks between India and V.N. Mukundarajan,
tive factors, and the context. meritorious and talented students. 21st century whose ideas, life and come will scarce believe that such Pakistan, the forces that gain Thiruvananthapuram
CM BG-BG
YK

12 |
THURSDAY, JULY 30, 2015
Inhuman and
unconscionable
udicial finality need not necessarily mean that
J
India should hang Yakub Memon. Is the irre-
versible and inhuman sentence of death the
only recourse for a democratic government?
Carrying out the sentence will only have the appear-
ance of a justice that is retributive and vengeful, not
substantial or morally different from the very offence
that gave rise to the proceedings. In recent times, we
saw the horrific judicial murder of Afzal Guru, who was
hanged in secret without a final opportunity for his
family to meet him, marking an unprecedented aban-
donment of morality on the part of the state. It was only
in apparent cognisance of this that the Supreme Court
ruled early last year that a formal communication to
the convict and his family, intimation to the local legal
aid centre and a clear gap of 14 days between the
communication and the execution were necessary.
Further, there are bound to be questions each time
someone is hanged or spared. Even in the Mumbai
blasts case, the 10 men sentenced to death by the trial
court for planting the explosives were given only life
terms by the Supreme Court on appeal, while Yakub
Memon alone was awarded the death penalty. Such
distinctions may seem arbitrary to the layman. As also,
the revelation that the Memon family may have been
induced to return to India will cast a shadow on the
legitimacy of hanging a man who cooperated with Indi-
an agencies.
The debate on the need and desirability of retaining
the death penalty has been overshadowed by much
intellectual exertion on the nature of the crime in-
volved, its gravity, its heinousness and the fatalities it
caused. The time has come to end this debate once and
for all by ascending to a moral position that there shall
be no death penalty on the statute book, regardless of
the heinousness of the offence, the circumstances or
the number of fatalities involved. Anyone following
closely the evolution of the law on death sentences and
the clemency jurisdiction in India will understand that
the Supreme Court is making it more and more difficult
for the executive to carry out death sentences. It has
evolved a jurisprudence that limits capital punishment
to the rarest of rare cases, allowed a post-appeal re-
view as well as a curative petition, and made decisions
on appeals for mercy justiciable. It has laid down a
cast-iron rule against undue delay in disposing of such
mercy pleas, and it has humanised the process by
repeatedly intervening in favour of condemned prison-
ers, often at the very last minute. A truly lasting solu-
tion to the moral dilemma that each instance of capital
punishment poses will be to abolish it altogether and
replace it with a sentence of imprisonment for the rest
of the convicts life. The quality of mercy is not
strained. The President, under Article 72 of the Consti-
tution, has the power to grant pardon, and to suspend,
remit or commute sentences. To not exercise this ex-
pansive power in the service of mercy would be in-
human and unconscionable.
A coherent
response
ondays terrorist attack in Gurdaspur, Pun-
M jab, underlines the theory that the rogue
elements in Pakistan would go to any ex-
tent to sabotage any breakthrough in India-
Pakistan ties. The timing of the attack is hardly lost on
anyone. Ever since the joint statement by India and
Pakistan in Ufa, Russia earlier this month, the border
region has been restive. The Prime Ministers meeting
was immediately followed by firing across the Line of
Control. Apropos Gurdaspur, initial reports suggest that
terrorists based in Pakistan crossed the border into
Punjab to carry out the attacks. This marked the first
major terror attack in Punjab in the last two decades,
setting alarm bells ringing in New Delhi for a number of
reasons. First, it shows the terrorists based in Pakistan
have now started targeting border towns outside Jam-
mu and Kashmir. Second, there were recent reports that
Sikh extremists were finding support in Pakistan, among
other countries, triggering fears about the dormant Sikh
militancy. Punjab could yet be a potential target of
terrorists, something that New Delhi should be aware of.
Third, such attacks obviously pose challenges to the
normalisation of ties between the two countries.
The attacks have already led to the rise of demands for
a strong response to Pakistan. In a clear change of
tone, Home Minister Rajnath Singh has said India wants
peace with Pakistan but not at the cost of national
honour. But knee-jerk reactions cannot serve Indias
strategic purposes as that is precisely the response the
rogue elements in Pakistan seek. Instead, New Delhi
should take a positive view of its recent policy of engage-
ment with Pakistan, in place since the 2003 ceasefire.
Apart from the sporadic cross-border firing, the border
areas have been largely peaceful compared to the far
more turbulent 1990s. India should take this policy of
engagement forward, addressing both its internal secu-
rity and peace-building with the neighbour through a
multi-pronged Pakistan policy. India should prepare
itself to prevent future terror attacks by bolstering its
counter-terror and intelligence capacities further. Bilat-
erally, New Delhi should continue the dialogue with
Islamabad and improve upon mechanisms that address
border incidents. Internationally, India should not hes-
itate to raise Pakistans duel policy towards terrorism
with the Pakistani armys close allies such as the U.S. and
China in bilateral and multinational forums. India can
deal with Pakistan using an iron fist in a velvet glove.
CM
YK
www.jobsalerts.in
EDITORIAL THE HINDU
BENGALURU
THURSDAY, JULY 30, 2015
All form, little substance
and the Israeli Prime Minister, Benjamin
The real test of a foreign policy is coherence of Netanyahu. In other cases, as with the Amer-
Srinath Raghavan
design, consistency in execution and efficacy in ican and Chinese leaders, there was more of
orchestrated bonhomie. In any event, the
outcomes. A comparison of the outcomes secured role of personalities in diplomacy can hardly
be denied.
In two recent speeches, the Foreign Secre- by this government with those achieved since the Yet, as the British diplomat Harold Ni-
tary, Dr. S. Jaishankar, has enunciated the
strategic underpinnings of Indias foreign late 1990s shows that the current foreign policy colson observed, diplomacy is ultimately
disagreeable business. The mere fact of
policy under Prime Minister Narendra Mo-
looks ordinary leaders getting along well can hardly ensure
di. The speeches are characteristically in-
cisive, thoughtful and provide useful insights
into New Delhis evolving approach to in- process has the approval of the United Beyond such quibbles, there is the larger
convergence in policies and actions. The
Foreign Secretarys claim that Mr. Modis
visit to China, in May 2015, resulted in the
ternational relations. Nevertheless, since States, China and Russia. The limitations of question of how to assess our foreign policy. worlds most powerful selfie when Mr.
these speeches were public interventions, a our policy towards Afghanistan over the past A smell test can hardly suffice. The real Modi posed with Chinas Premier Li Keqiang
few thoughts may be worth bouncing off year are amply clear not least in the man- test of a foreign policy is coherence of design, may be true; but it can scarcely disguise
their polished surface. ner in which traditional partners like Russia consistency in execution, and efficacy in out- the fact that the Chinese refused to accede to
The burden of the speeches was to flag have edged closer to the Pakistani position. comes. The last in particular is the litmus Indian wishes on such key issues as clar-
apparently far-reaching shifts in Indias ap- Looking beyond the subcontinent, the test. ification of the Line of Actual Control or
proach to foreign affairs. Even while the For- Foreign Secretary underlined the govern- Compare the outcomes secured by this increased market access. The number of fol-
eign Secretary conceded some continuity ments pattern of engagement with various government with those of the National Dem- lowers on Twitter or Facebook is no measure
with the past, he insisted that we are wit- other regions. The Prime Ministers inte- ocratic Alliance government under Prime of real power or influence. There is a danger
nessing different times. A simple smell grated tours to countries in East Asia, the Minister Atal Bihari Vajpayee and the first here of getting trapped in a social-media
test of the diplomacy of the last year would Indian Ocean and Central Asia are evidently United Progressive Alliance government un- echo chamber of tweets and posts, likes
point to this reasonably clear conclusion. indicative of a different approach one that der Prime Minister Manmohan Singh. Over and favourites.
Foreign policy under Mr. Modi is marked by also seeks to exploit the openings that may a similar period in office, Mr. Vajpayee test-
greater confidence, more initiative, certain- be offered by local balances of power. The ed nuclear weapons, travelled to Lahore, re- Creating narratives
ly stronger determination as well as a series prime ministerial itineraries certainly lend pelled Pakistani aggression in Kargil, and This is equally true of the governments
of innovative approaches. credence to this claim. And the outreach to opened new avenues in our relationship with emphasis on creating narratives about India
some neglected countries is to be welcomed. the U.S. and China. In the same time frame, and coining neologisms. The Foreign Secre-
Engaging with the neighbourhood But is there a novel strategic approach at Dr. Singh concluded the agreement on pa- tary was perceptive in highlighting the role
The Foreign Secretary rightly held that work? Take the case of the Indian Ocean rameters to settle the boundary with China, of strategic narratives. The importance of
Mr. Modis decision to invite South Asian moulding opinions held by a variety of con-
leaders for his swearing-in, in May 2014, stituencies and actors is undeniable in con-
heralded a big shift in Indias policy to- The fundamental requirements of any strategic narrative temporary international politics. Narratives
wards its neighbours. By engaging intensive- differ from ordinary stories in that they deal
ly with the neighbourhood, Mr. Modi has are appropriateness and credibility. The government with the way in which issues are framed and
indeed managed to project Indias leader- seems a bit oblivious to both. responses suggested.
ship without ruffling sensitivities in the re- A successful narrative will enable the con-
gion. In particular, his engagements with sumer to distinguish between important and
Nepal, Bangladesh and Bhutan have given a region. The Foreign Secretary stated that announced the nuclear deal with the U.S., trivial issues, good and bad news. It will
fillip to plans for subregional connectivity there is a new, integrated approach in place and made headway with Pakistan in back- suggest ways of piecing together seemingly
and integration. with emphasis on exchange of informa- channel talks. By this standard, the present disparate developments while disentangling
That said, our relationships with the tion and coastal surveillance, building of in- governments foreign policy looks ordinary. others. The fundamental requirements of
Western neighbours leave much to be desir- frastructure and strengthening of To be sure, the government has a long way to any strategic narrative are appropriateness
ed. It is not surprising that the Foreign Sec- capabilities. go and there is no reason to judge it by the and credibility. The government seems a bit
retary slurred over Pakistan in his speeches. performance so far. Still, the government oblivious to both. The notion that highlight-
Here, the government has struggled to reap Assessing policy might wish to refrain from talking up its own ing Indias role in the First World War but-
dividends of the big shift largely because In fact, each of these initiatives began un- policies. tresses its demand for a permanent seat on
it shifted away from its original position. By der the previous government. For instance, the U.N. Security Council falls short on the
calling off talks last year and by taking the the maritime domain awareness systems in- Bonhomie and the results first criterion. Making large claims for a
initiative to resume them now, the govern- augurated during Mr. Modis visit to Sey- Talking up, however, seems to be an in- Neighbourhood First policy while eliding
ment has showcased its inability to craft a chelles, in March 2015, were the outcome of tegral part of its conception of foreign policy. the missteps on Pakistan or Afghanistan fails
sustainable approach to Pakistan. The posi- an older initiative encompassing several In- Indeed, this was a running theme through the second criterion. Moreover, communi-
tion with Afghanistan is worse still. Repeat- dian Ocean countries. As for beefing up our the various innovations pointed out by the cation is currently too focussed on person-
ing platitudes about Afghan-led maritime capabilities, it may be worth point- Foreign Secretary. Personal chemistry has ality and style as opposed to ideas and
reconciliation process and internationally ing out that this years Budget actually cut apparently emerged as a powerful tool in outcomes.
accepted red-lines is unlikely to get us very the Indian Navys share of defence allocation our diplomatic kit. There is a measure of The Foreign Secretary has coined his own
far. In reality, there is an ongoing Pakistan- to 13.5 per cent from 16 per cent in the last truth to this. The Prime Minister does seem neologism in these speeches: India as a
facilitated process to arrive at a settlement year. Perhaps the real problem of integration to have a personal affinity for leaders such as leading power. Hitherto, he argued, India
with the Taliban. More importantly, this lies within the Government of India. the Japanese Prime Minister, Shinzo Abe, had remained content to be a balancing
power. It is perhaps time to take the lead on
global issues and demonstrate our willing-
CARTOONSCAPE ness to shoulder global responsibilities. This
seems unexceptionable, though his suggesti-
on that in the past India had been neutral or
risk averse is a gross misreading of our dip-
lomatic history.
So far, the real constraint on such ambi-
tions has been weak state capacity. This af-
fects both our ability to grasp the big
strategic picture and our ability to get the
nuts and bolts right. On the former, we only
need to look closely into the Ministry of
External Affairs flawed assessment of the
prospects of a nuclear agreement between
Iran and the United States. Equally striking
is the absence of any coherent response by
the government to the major changes sweep-
ing the global economic landscape: the
mega-regional trade deals driven by the U.S.
and the One-Belt One-Road envisioned by
China. On the latter, think only of our in-
ability to deliver on any number of regional
promises of cooperation and connectivity.
Instead of focussing on flaky soft power
initiatives such as Yoga or Buddhism, the
government should aim to get its institution-
al muscle into shape. Otherwise, our part-
ners may come to see us not as a leading
power but as a misleading power.
(Srinath Raghavan is Senior Fellow,
LETTERS TO THE EDITOR
Centre for Policy Research, New Delhi.)
Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.
write-up for the programme being away from the Church. Hence, between management and toxifying them in the name of
Peoples President revised by the Deputy Collector, there must be efforts to create a ownership, a lack of objectives in industries and infrastructure. Let
The Editorial (July 29) summed up Ms. Mini Antony. I am now the Universal Church that must leadership development and an the EIA be as equal and vital as a
how A.P.J. Abdul Kalam has been a mother of a two-year-old and I am inspire the younger generation and unprofessional HR management social assessment. In this talk of the
source of inspiration to many. It waiting for the right opportunity to motivate them towards getting are why it is futile to compare poor farmer and the industrialist
reminded me of the time when he narrate the incident to her and back to the Church and the Bible. public banks with private ones. and others, will somebody stand up
visited St. Berchmans College, asking her to dream big. Thomas Edmunds, R.S. Raghavan, for our quiet denizens fauna and
Chaganacherry, on July 29, 2005, Dhanya George, Chennai Bengaluru flora?
to meet our students. In fact, a team Ras al-Khaimah, UAE Anoop Hosmath,
from the college had met the Banks and benchmarks Public banks may have helped Mysuru
President and invited him to I still remember the occasion whenThe burden on public sector banks industry in 2008 with liberal
inaugurate an international Mr. Kalam replied to my mail whichposed by stressed assets is a matter lending but it is a fact that the The Compensatory Afforestation
seminar. However, he expressed his I had sent to his office. I had asked
of deep concern (Benchmark for governments stake in most public Fund Bill is a classic case of
inability to be there but promised him to advise me on the banks, July 29). With non- sector banks has been diluted and government posing itself as the
to meet the students later. The first contributions I could make to performing assets in public sector there is no compulsion to lend saviour of forests when in fact it is
question raised by one of our society as a student. I didnt think
banks being pegged at over Rs.2.50 recklessly. The feat of opening destroying them. Through this Bill,
students was: Do you want to be he would reply but I was proved lakh crore and restructured Jan Dhan accounts is not the government has gone the
remembered as the President of wrong. His letter said: The most advances consuming a whopping something incredulous given the flawed way of compensating a loss
India or as a scientist? His answer important contribution would be toRs.3 lakh odd crore, the burden can wide network of public banks and of forest lands in protected areas
amazed us: I want to be known as a excel in your studies. well be imagined. The main reason their workforce, which is 16 times for development projects by
nice human being. Anand S. Unni, for this is government inaction as more what it is in private banks. A planting trees elsewhere. The idea
Stephen Mathews, Kannur
far as corporate-owed NPAs are culture of red-tapism and rampant of a forest is not just about trees but
Changanacherry, Kerala concerned. It is a fact that the bureaucracy still exists in the about a more complex system that
I recall Mr. Kalams four-day visit corporate sector is responsible for public sector banking system and it involves biodiversity as a whole.
One of the well-known anecdotes to the Sultanate of Oman in 2009 more than half the NPAs. On this, is the time to phase out these While the government may claim
about Mr. Kalam is the one where that left a lasting impression on the most unions in the banking factors as they hinder growth. that it has balanced green loss, the
he was about to address a huge Indian community, 6,000 Omani industry have been demanding J. Jaykris Gurucharan, impact on biodiversity may never
gathering of students. A student schoolchildren and students of immediate action but to no avail. Hyderabad get compensated.
asked him: Sir, what in your other nationalities as an J. Anantha Padmanabhan, Gaurav Moghe,
opinion is the unity of religions all apolitical leader of standing, an Tiruchi Green perspective Gwalior, Madhya Pradesh
about? The prompt answer: The intellectual and a good friend of
lamp here on the stage points to a masses. His vision for India and the As a retired public sector bank The debate over land acquisition is The implementation of the Forest
Hindu; the candle with which it will world, his passion for the causes he executive, I earnestly feel that no turning into a left versus right Rights Act has created pockets of
be lit denotes a Christian, and the espoused, his admiration for comparison should be made squabble, with the Green land owners in the midst of forests.
person who will be lighting it teachers and his inspiring between nationalised banks and perspective being ignored (Sowing This is bound to destroy more
shortly is a Muslim. leadership left an indelible mark. private ones as they are operate the seeds of a disaster, July 29). green cover as these pockets will
R. Sivakumar, Usha Devi Rao Suddapalli, from different platforms. While the Just a few days ago, the Green encourage the creation of
Chennai Muscat, Sultanate of Oman brick and mortar branch network Tribunal rapped the government habitation leading to a further
that functions using a large for trying to force projects through opening of forests for connectivity
The President arrives! This was A space for the Church workforce has been the base for in the name of them being linear. and other needs. To save forests
the first announcement I made as The Catholic Churchs refusal for PSU banks (in existence for more The Go-No Go classification is and increase vegetative cover,
the compre at an austere function allow Catholic priests to marry and than half a century), most large- already a matter of the past and this forest lands must be protected from
in Kerala. Mr. Kalam was the chief its stand on womens ordination scale private banks came into being subterfuge further worsens it. fragmentation. Natural
guest at the inauguration of the are factors that may further retard using the technology network, Empty fallow land also supports an regeneration should be encouraged
centenary celebrations of our CSI the progress of the Catholic Church entailing a large operational reach amazing amount of biodiversity instead of having a wasteful
Immanuel Church. I still (Reclaiming a space for the and cost-efficiency. The and over a period of time must be expenditure on afforestation.
remember the security screening in Church, July 29). A new governments majority stake, an allowed to return to its native state. S.D. Mukherji,
the run-up to the function and my generation of Christians is drifting inability to make a distinction We are creating deserts and then Hyderabad
BG-BG
 www.jobsalerts.in
10 | EDITORIAL THE HINDU
BENGALURU

FRIDAY, JULY 31, 2015

Interpretive remedies in NJAC case
Chintan Chandrachud
FRIDAY, JULY 31, 2015 After 31 days of argument, a ve-judge
bench of the Supreme Court has reserved
one or more of the eminent persons could
exercise their veto against independent-
The argument is often made that the NJAC minded candidates.
engenders the same kind of opacity that the In order to grant the judges a degree of
primacy in the process, the Supreme
collegium is criticised for. The Supreme Court Court could interpret this provision as ap-
plying only to the judges. This would, in
could address these concerns by prescribing a set other words, mean that assuming that all

A probe that judgment in what will rank amongst the

most signicant constitutional cases be-
fore the Court in recent years. Since the
of standard operating procedures for the NJAC
six members of the NJAC participate and
vote, a successful appointment would re-
quire the concurrence of at least two of the

lost its way Supreme Courts decision in the Second

he Delhi Police deserve credit for unearthing
Judges Case in 1993, appointments to the
Court have been made through what has
come to be known as the collegium sys-
tem, in which the three most senior judges
Therefore, the most common response to
a nding of unconstitutionality is not to
strike down the unconstitutional law, but
to interpret it in a way that is consistent
with constitutional requirements.
pointments process: The constitutional
amendment provides that the eminent
persons on the NJAC are to be appointed
by a Committee consisting of the Chief
Justice, the Prime Minister, and the Lead-
three judges on the Commission.
Standard operating procedures for ap-
pointments: Once again, neither the con-
stitutional amendment nor the statute
species the procedures that the NJAC is

T corruption in cricket, not once but twice in

the last 15 years. In 2000, they stumbled upon
sensational tapes indicating a deep bookie-
player nexus; and in 2013 they detected spot-xing
during that years Indian Premier League tournament.
If the earlier probe led to South African captain Hansie
Cronje making a contrite admission, two years ago,
three players S. Sreesanth, Ajit Chandila and Ankeet
Chavan were among those arrested in a dramatic
swoop. It was seen as the beginning of a cleansing
process. Unfortunately, these achievements were not
built upon by the Delhi Police. A sessions court in Delhi
has now discharged all the 36 suspects arraigned for
cheating, conspiracy and organised crime. The probe
seems to have been so shoddy that there was not
enough evidence even to frame charges. The move to
invoke the Maharashtra Control of Organised Crime
Act to strengthen the case seems to have failed. The
link with the Dawood Ibrahim crime syndicate was
quite tenuous and limited to a few suspicious phone
calls. The judge threw out the charge of organised
crime and conspiracy easily. She concluded that even if
the charges of receiving money from bookies and con-
cealing it were true, these did not amount to cheating;
what was caused to spectators was just disgust, and not
wrongful loss.
That sporting corruption can be identied but al-
lowed to slip through the denition of any law is dis-
turbing. In similar circumstances, a British court had
little difficulty in convicting Pakistani cricketers and
sending them off to prison. The match-xing phenom-
enon has been crying for a systemic response since the
turn of the century, but there has been no effort so far
to come up with a legal framework and a set of appro-
priate punishments to deal with it. The latest outcome
is a big setback to efforts to deal with corruption in
cricket. As far as the players are concerned, their dis-
charge has understandably raised their hopes of getting
the life ban on them revoked. They have reason to be
aggrieved that they were put through the humiliation
of arrest, imprisonment and judicial process that kept
them out of the game and tainted their reputation, for
two years. However, the BCCI has not yet agreed to lift
the ban, saying the action against them was based on an
internal disciplinary hearing and not linked to the
criminal case. In this, the Board is right, as the standard
of evidence for a criminal trial is substantively different
from what it is in disciplinary proceedings. The BCCI
must wait to see if the Delhi Police seek revision of the
court order before considering a revocation of the ban.
of the Court play a decisive role in the
appointments process. The collegium sys-
tem faced increasing criticism, and Parlia-
ment attempted to replace it with an
appointments process led by a National
Judicial Appointments Commission
(NJAC) through a constitutional amend-
ment, and a statute that gives effect to the
amendment.
The amendment provides that the
NJAC will consist of six people the Chief
Justice of India, the two most senior judg-
es of the Supreme Court, the Law Minis-
ter, and two eminent persons. These
eminent persons are to be nominated for a
three-year term by a committee consisting
of the Chief Justice, the Prime Minister,
and the Leader of the Opposition in the
Lok Sabha, and are not eligible for renom-
ination. The Supreme Court is now tasked
with deciding the constitutionality of the
amendment and the statute.
This piece will not consider the relative
merits of the collegium system and the
NJAC. Although that is a most signicant
matter, it has been debated extensively.
Instead, the remedies available to the Su-
preme Court a different and less studied
aspect of the case will be explored.
As with the NJAC case, on most occa-
sions when the law is challenged on the
basis that it is unconstitutional, the chal-
lenge is conceived of in terms of a binary,
whether to strike down or not strike down
the law.
Matrix of remedies
However, the matrix of remedies avail-
able to the court is far more complex than
this. The Supreme Court has, on several
occasions, described striking down as a
grave step and a measure of last resort.
CARTOONSCAPE
In the NJAC case, the Supreme Court
has several intermediate options falling
short of the strike-down power. This piece
will consider four interpretive possibil-
ities, which can be distinguished based on
whether they address the composition or
the functioning of the NJAC.
Composition of the NJAC
Dening eminent persons more nar-
rowly: Amongst the arguments that the
petitioners have made is that the constitu-
tional amendment makes no attempt to
A legislative sequel or push-back from Parliament would be
much less likely in the event of an interpretive solution than if
the constitutional amendment were struck down
dene who the two eminent persons on
the NJAC will be. This, it is argued, can
give rise to concerns about the nomination
of people with favourable political lean-
ings or people who clearly lack the creden-
tials to judge the performance of
candidates. The Supreme Court could seek
to remove these concerns by specifying a
set of criteria or qualications that
the eminent persons would need to hold.
These criteria could include a degree in
law or allied disciplines, a minimum num-
ber of years of practice before the Su-
preme Court, or a designation of seniority
by the Supreme Court or High Courts.
Conversely, the Court could prescribe a
set of disqualications for instance, that
those who are charged with serious crimi-
nal offences will not be considered
eminent.
Modifying the eminent persons ap- guably, the Law Minister together with
er of the Opposition in the Lok Sabha. The
argument here is that the politicians could
collude to nominate a person who, in the
opinion of the Chief Justice, lacks the cre-
dentials to be part of the NJAC. The Su-
preme Court may seek to avoid this
situation by interpreting the provisions to
the effect that the Chief Justice has a veto
power in the appointment of eminent per-
sons. This would mean that the Chief Jus-
tice would always need to be in the
majority, and a 2-1 decision, with a dis-
senting note from the Chief Justice, would
not result in an appointment.
Functioning of the NJAC
An exclusive veto power for the judges:
Neither the constitutional amendment
nor the statute giving effect to the amend-
ment make it clear how the six-member
NJAC is expected to take its decisions.
Presumably, the ideal scenario is for deci-
sions to be made by consensus. But where
consensus is not possible, the alternative
is likely to be a majority decision-making
procedure.
The statute species that no person
shall be recommended for appointment to
the Supreme Court if any two members
disagree with the appointment. The argu-
ment against this requirement is that both
sides the judges and the non-judges
have a veto power over appointments. Ar-
message that it has effectively protected
expected to follow while making decisions
on appointments. Instead, important is-
sues such as the level of publicity to be
given to reports of the Commission, the
quorum for Commission meetings, and
whether the rejection of candidates re-
quires reasoned explanation, has been left
to the domain of rules and regulations.
The argument that is often made against
the NJAC is that it engenders the same
kind of opacity that the collegium is often
criticised for. The Supreme Court could
seek to address these concerns by pre-
scribing a set of standard operating proce-
dures that the NJAC would need to follow
in order to comply with constitutional re-
quirements. The procedures could, for ex-
ample, include the requirement that those
candidates who are considered (but not
appointed) be provided with a full set of
reasons for their non-appointment.
In prescribing these procedures, the Su-
preme Court would have to balance the
competing considerations of ensuring an
open and transparent system of appoint-
ments on the one hand, and protecting the
integrity and standing of candidates on the
other.
Middle path
There are many reasons for which the
middle road - interpretation consistent
with constitutional requirements seems
intuitively appealing in this case. It would
probably enable all sides to claim victory.
The government could claim that its
amendment secured the Courts stamp of
endorsement, the petitioners could claim
that they succeeded in having important
safeguards infused into the appointments
process, and the Court could send the
constitutional rights without thwarting
the democratic will.
A legislative sequel or push-back from
Parliament would be much less likely in
the event of an interpretive solution than
if the constitutional amendment were
struck down. After all, if the amendment is
struck down, it is possible that the Courts
judgment will indicate the sort of Com-
mission that would have passed constitu-
tional muster, giving Parliament the
opportunity to make a second attempt at
amending the Constitution with greater
information at its disposal.
Nevertheless, the Court should be con-
scious of the risks associated with radical-
ly modifying the effect of the
constitutional amendment. Radical inter-
pretive exercises tread the thin line be-
tween judicial interpretation and
legislative amendment. A fairly recent at-

Clearing tempt at modifying the effect of a law (in

which the provisions for appointment of
Information Commissioners under the

roadblocks Right to Information Act 2005 were re-

cast) came under severe criticism, follow-
ing which the Supreme Court stepped
back from its judgment in a review pet-
he Cabinet Committee on Economic Affairs ition.

T has taken one more step towards the imple-

mentation of the Goods and Services Tax,
set to come into effect in April 2016, by
dealing with several issues regarding the regime that
have, in the past, served as substantial roadblocks to
its implementation. The rst of these has to do with
the quantum of compensation to be paid to the States
in case the revenue generated as GST falls short of
what they have so far been earning through the
existing tax system. Earlier, the Central government
had agreed to provide the States compensation at the
rate of 100 per cent for three years, 75 per cent in the
fourth year, and 50 per cent in the fth year. Howev-
er, in June 2015 the States raised a fresh demand of
full compensation for all ve years, which at the time
the Centre termed as a move that could potentially
delay the roll-out of GST as scheduled. Another ma-
jor sticking point was the 1 per cent additional tax on
the supply of goods. This provision was added to the
Bill on the insistence of the States that lead on the
manufacturing front. They had argued that they
should be compensated for the investment they had
already made in manufacturing infrastructure. Many
States opposed this additional tax saying, perhaps
rightly, that it went against the spirit of the GST
system and that it would have a cascading impact on
prices. In fact, even Chief Economic Advisor Arvind
Subramanian had at the time warned of the negative
impact of the additional tax. The question to be asked
is, what is the point of implementing a consolidated
tax, only to have piecemeal levies added to it?
The Cabinet on Wednesday cleared an amend-
ment by which the States will get to full their wish
of full compensation for ve years, a move that
should bring most of them on board without any of
the reservations they currently hold. Regarding the 1
per cent additional tax, the Cabinet took a more
circumspect route, exempting stock transfers within
group companies from the additional tax on inter-
State supplies, but keeping the overall tax in place.
That issue may still see some resistance from some
States. These nevertheless represent signicant
steps towards the implementation of GST by the
April 2016 deadline, as they are solutions to the most
signicant hurdles faced by the Bill. The government
and the Cabinet must be commended on their speedy
handling of these issues since GST represents one of
the most signicant rounds of tax reform to be imple-
mented, and it has the potential to benet all those
involved the Centre, the States, the private sector,
and consumers.
CM
YK
LETTERS TO THE EDITOR
Yakub execution
Your editorial today titled
Inhuman and unconscionable was
excellent and timely. Like Afzal
Gurus hanging this latest hanging
also seem to be in a rush. No doubt
1993 Mumbai bomb blasts is
unforgivable but the courts could
have delayed the execution by two
weeks to give the President a little
more time to consider the second
clemency petition. That the
hanging should take place on his
birthday and also on the same day
when the nation is paying its
homage to another member of the
minority community who had
endeared himself to all Indians is a
little hard to accept. It is high time
that our country abolishes capital
punishment.
G. Mani,
Chennai
Almost all in this country are sure
to interpret the coincidence of
funeral functions of A.P.J Abdul
Kalam and Yakub Memon in own
ways. Now that the death sentence
has been executed, government
should offer more justication to
its seemingly adamant action
beyond mere legal sanction. It
should not have ignored the
petitions to commute Memons
death sentence. Government
should also be specic on the
immediate, short term and long
term targets on how the nation at
large are benetted by this killing.
P.R.V. Raja,
Pandalam
Most importantly, some of the interpre-
tive possibilities articulated here may pro-
duce an appointments process that closely
resembles the existing collegium system.
Thus, the NJAC could become the collegi-
um in disguise in which case, the Su-
preme Court would have successfully
struck down the amendment without be-
ing transparent about doing so.
(Chintan Chandrachud is a PhD Candi-
date at the University of Cambridge.)
Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.
Yakub Memon has been hanged. repeated appeals for clemency design, consistency in execution,
The investigation has been have come to an end with the
Magasaysay awards and efficacy in outcomes are
thorough. The judicial process has execution. The accused, who had Bureaucrats like Sanjiv Chaturvedi high ideals that are seldom
been meticulous.There can be not spared a thought for the death instil hope amidst our increasing achieved in the twenty-rst
hardly any doubt that a perpetrator of innocent civilians in the serial disillusionment with a corrupt century where geopolitics is
of such a heinous crime deserved blast, was given all the opportunity bureaucracy. Honouring him is evolving at a furious pace. The
the harshest of punishments. under the Indian jurisprudence indeed a recognition of his courage, articles criticism of the Afghan
However, if for a moment we give with Supreme Court of India integrity and commitment to policy is unfair. With a pro-
up the privilege of our detached literally burning the mid night public service. Others like Mr. Pakistan regime at the helm,
vantage point, we might have a oil. Though death sentence may Chaturvedi, who has persistently Indias capacity to intervene has
partial grasp of certain other grim not be a deterrent against refused to succumb to political been seriously compromised.
realities. A mans last few hours terrorism, it exists in the manuals pressures and threats, deserve to Much of diplomacy happens
under the certainty of impending in India and Courts cannot be be at the helm of affairs, and not in behind the scenes and away from
death; his family members being faulted in awarding it. While a perpetual state of transfers and the glare of TV cameras. It is too
handed a lifeless body with a applauding the unprecedented removals for being a early judge the effectiveness of the
broken spine are realities which earnestness shown by the Supreme whistleblower. governments foreign policy.
give a severe jolt to a nation's Court, I would wish all those Debasmita Dutta, V.N.Mukundarajan,
collective conscience. Most against death sentence to take up New Delhi Vattiyookavu
countries have already abolished the matter in appropriate forum
the death penalty and it is time for and get it eliminated from the Modis Foreign policy A .P.J Abdul Kalam
India to do the same. In such statute and not link up with this The joint statement by the Prime With the passing away of Dr. A.P.J.
rarest of rare cases, rigorous case. Ministers at Ufa is a step forward Abdul Kalam, a great saga of
imprisonment till death would be Suryanarayanan.S, towards normalising the bilateral intellectual patriotism has come to
the most just atonement. Chennai relations. The sketchy terms of an end but is perhaps the beginning
Souparno Banerjee, ceasere are just not enough .Every of another by the generation(s)
New Delhi The incident is a wrong step but in time we try to improve relations inspired and ignited by him. His
the right direction. Wrong step the terrorist groups intervene. industrious and illustrious journey
The refusal of the SC to quash that this has happened at a time Lets anticipate and be prepared from Rameswaram to Rashtrapathi
Memons death sentence was when many intellectuals and legal from the Gurdaspur attack. The Bhavan was an inspiring success
unfortunate. It seems the apex luminaries are debating the National security advisors must story.
court went against important continuance of death penalty. meet sooner than planned. While Chacha Nehru attracted
considerations of natural justice. Right direction means it will send a Prateek Juneja, children emotionally, Kalam did it
To impose death penalty just strong signal to the terrorists both Chandigarh in his inimitable style with his
because it is there in the statute domestic and international, that charm and fascination for
book is simply barbaric and they cannot use India as their The article has erred in comparing knowledge-based interactions
uncivilised. Why the haste to kill a playground. Let us salute the foreign policy outcomes of two with them. The children and the
person? Will it serve any judiciary. Let us send a strong decades with a years performance youth of India feel orphaned by his
retributive and deterrent message to the perpetrators of this of the NDA government, departure. He was a prescient,
function? heinous crime that we also respect notwithstanding the Foreign clairvoyant, and futurist-dreamer-
C.Suresh, the right of the innocent victims of Secretarys tall claims about cum-visionary to think ahead of
Thrissur. the 1993 Mumbai blast. achieving greater condence. times.
V. K. Parameswaran, The parameters used to evaluate R.Sampath,
The lengthy legal battle and Palakkad the performance coherence of Chennai
BG-MY