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Last Edited on 2016-03-19“

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There is no doubt that the rising tide of illiberalism and intolerance is assuming alarming proportions. As the ideologue of the BJP, the RSS and the fringe elements of the Sangh Parivar are testing the waters in various forms. It is preposterous on the part of the Shiv Sena, an ally of the ruling BJP in Maharashtra, to demand revocation of the citizenship of those who refuse to chant “”Bharat Mata ki Jai””. These are all manifestations of the Hindutva ideology which has been described in certain quarters as highly reactionary even though the RSS has been variously described as a cultural organization.

Open Society – Diversity, Plurality

 Moral majoritarians fail to see the futility of their words and deeds. They are undermining the fundamental principles of an open and free society: diversity, plurality and choice. BJP president Amit Shah taking questions at the India Today conclave barely two days back  on Thursday  (March 17) emphasized that not chanting “”Bharat Mata ki Jai”” is being anti-national. This matter should be explained to those who don’t understand it. It started with RSS chief Mohan Bhagwat declaring that all Indians are Hindus. A nationalist is one who spontaneously chants “”Bharat Mata ki Jai.”” The matter flared up in the Maharashtra assembly leading to the unanimous suspension of Waris Pathan, an MLA of the All India Majlis-e-Ittehad-ul Muslimeen (AIMIM), for the rest of this budget session. His party supremo Asaduddin Owaisi, a Lok Sabha member, had refused to chant “”Bharat Mata ki Jai”” in the first instance.

The Speaker of the assembly refused to cite any rule as none existed in this regard but observed the suspension was ordered because of the sentiment in the House. Legal experts questioned the suspension saying it is patently illegal. The Congress supporting the resolution is a pointer to the party falling prey to the far right nationalistic ideology. Reacting to his suspension, Pathan stressed: “”I love my country. I was born here and I will die here. I can never dream of insulting my country. Don’t judge anyone’s love for the country by just one slogan. Jai Hindi, Jai Bharat, Jai Maharashtra.“” This has created an element of unease among the minorities. Owaisi whipped up a storm by saying he will not chant “”Bharat Mata ki Jai”” even if a knife is put to his throat evoking political reaction flowing thick and fast. NCP spokesperson observed everyone might not agree with the views of the RSS and the BJP. Al-Nasser Zakaria of the Congress alleged that the Shiv Sena is only indulging in politics of hypocrisy.

All this raises a serious question if liberal values are being subverted. There was also the attack on four Kashmiri students in Mewar University in Rajasthan for allegedly eating beef in their hostel room but it was later confirmed that it was not beef but mutton. This is reminiscent of what happened in Dadri in September last year with one unfortunate twist that Mohmmad Akhlaque was lynched to death by the fringe elements of the saffron brigade for allegedly consuming beef which was not the case. Though nobody should be asked to chant the slogan it is regrettably being projected as a test of one’s patriotism. This has the portends of leading to a dangerous religious polarization. Bollywood actor Anupam Kher tweeted that the only definition of nationalism for ‘Bharatwasis’ should be the slogan “”Bharat Mata ki Jai””.

Such moral policing is against the very grain of democracies. At the same time Congress vice-president Rahul Gandhi made a telling point that “”respecting the Flag means respecting the opinion of every Indian…you cannot destroy the Indian flag  by destroying the relationship between our people.”” Simultaneously, the role of his Congress party in the suspension of Pathan cannot be summarily dismissed. They must accept the blame.

Our Constitution – The Guiding Force

The Constitution remains the guiding force. In such a large and diverse country as India, autonomy of opinion is being increasingly questioned. It is time that the political leadership which has inexorably maintained a stoic silence reins in the rhetoric before it gets out of hand. The hallmark of nationalism is accommodating various points of view rather than forcing down one’s throat a single definition of nationalism.

(T R Ramachandran is a senior journalist and commentator. The views are personal.) “

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IMG_0867The world may not have changed in the past five years for thousands of widows who have made Vrindavan their home, but one thing certainly has – they are now accepted as part of the neighborhood they live in. No more shunned and no more apologetic about themselves. Three years ago when these women were asked to participate in the Holi celebrations, almost all of them had said `no’. The following year, some came forward to celebrate the festival of colors with flowers. However, this year was different. Amid blowing of conch shells and sprinkling of color, hundreds of widows from Vrindavan and Varanasi played Holi – first time inside any temple in Vrindavan in a marked departure from age old tradition.

It was for the first time that celebration was organized inside the ancient Gopinath Temple of Lord Krishna marking their further social assimilation. This time a number of Sanskrit students and Pandits also took part in the Holi celebration with ostracized widows living in the temple town for several decades, said Dr. Bindeshwar Pathak, founder of Sulabh International who waged campaign against widowhood in the country. In the light of Supreme Court’s observation, Sulabh started taking care of around 1500 widows in Vrindavan and Varanasi since 2012. In an effort to bring them into the main stream of the society, Sulabh stated organizing Holi for them about three years ago in widow ashrams. But, in an attempt to make it open to the society, this time Holi for them was organized at a famous temple to give a kind of social acceptance. Holi was celebrated in the presence of Hindu Pandits and Sanskrit scholars.

“”It is an effort to break the age old tradition prevalent in Hindu society where widows were not allowed to play with colors,”” said Dr Pathak adding that much had changed over the years and these women now wanted to live life to the fullest. Last year it was a riot of colours when around thousand  widows living as recluse in ashrams in Vrindavan and Varanasi celebrated a special four-day Holi in Vrindavan. This time at least 1200 kg ‘gulal’ (coloured powder) and 1500 kilograms of rose and merrygold petals were arranged for the event.””I have never celebrated such grand Holi ever in my life.”” Savita Mandal told Theindiasaga.com. The widows who wear only white sarees wished to splash colors on each other to celebrate the festival, breaking away from years of social stigma attached to women who have lost their husbands.

In many parts of India, widows are not permitted to play Holi or participate in any other festival and auspicious function. Vrindavan is known as the ‘City of Widows’ for the sheer number of women who find shelter there after being shunned by their families. Most of them hail from West Bengal. Sulabh has taken up their cause on humanitarian grounds and made various arrangements for their health care, food and other necessities. Adopting hundreds of widows of Varanasi, Sulabh International has launched a campaign against “”widowhood”” in the country. On the encouragement by the Supreme Court through the National Legal Services Authority (NALSA) Sulabh took up the programme for improving the living conditions of the widows of Vrindavan. The programme has now been going on for more than 9 months and as of today we are giving Rs. 2000/- per month per widow for their food.

Further, adequate arrangements have been made to give them education in three languages – Hindi, Bengali and English – for which teachers have been appointed. They are also being provided vocational education for making garlands, preparing incense sticks, doing sewing and embroidery.”

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Recent acquittal of Abdul Kareem Tunda, a known and dreaded terrorist charge-sheeted by the Delhi Police Special Cell in four cases, on the ground of insufficient evidence against him made news headlines. It was not the first case where “terrorist” operatives, caught by Special Cell of Delhi Police have been set free. Not only pointing to falling standards of investigation, such instances should serve as a wake-up call for the police leadership. Last week, the Bombay High Court commuted, to life imprisonment, the death sentence of IM operative Mirza Himayat Baig after acquitting him of any involvement in the February 13, 2010 German Bakery blast and only upholding his conviction for possessing explosives and forged documents.

A large number of cases of similar individuals, arrested and paraded before the TV cameras with senior police officers reeling off details of their sinister plans to attack various places in Delhi or elsewhere have ended in acquittals and the courts have often passed strictures on the investigation standards. In number of cases, even Central Bureau of Investigation (CBI) has faced tough questions from the court both at the level of trial courts and at the hands of Constitutional Courts.

Decline in standards of investigation

The State Police and specialized agencies like CBI and National Investigation Agency (NIA) have seen a steep decline in the standards of investigation in the past few years. The courts have often questioned even the veracity of evidence presented by the probe agencies. These instances should set the alarm bells ringing among the senior police leadership and they need to examine the reasons for falling standards in investigation and take urgent remedial steps.

As one entrusted with the responsibility of supervising investigation for a long time, I can say that one of the main reasons for the present shoddy state of affairs is that during the basic training in Police Training Colleges or Academies, the emphasis on the crucial task of policing is taking a back seat. Of late, the thrust in training even in SVP National Police Academy has been on operational policing i.e. field tactics, anti-insurgency operations, law and order management etc. There are more number of refresher courses offered in these areas than on investigation.

And once the officers are out of training institutions, they are generally posted in the areas facing problems of extremism, insurgency and communal clashes. These and law and order jobs have become more glamorous as these allow the officers to be in the limelight and get media glare. There are a number of rewards and incentives instituted by the governments- including out of turn promotion if a police officer can catch a known extremist/ terrorist or able to “eliminate” such elements in an encounter. All this has made the investigation job not much sought after. Consequently, the bright ones stay away from the core area of police functioning and do not pick up traits of scientific investigation. Later in the career, they find it difficult to learn the essentials of the investigation which not only requires a particular bend of mind but also an in-depth knowledge of law and procedures. The class room training helps only to an extent in learning the basics of the investigation but to be a successful investigator one requires the field experience coupled with understanding of the importance of gathering hard core admissible evidence to prove a case beyond reasonable doubt in the court.

Criminals without borders

Over the years, the crime has not only become global but has also acquired new dimensions. The cross-border terrorism, economic and cyber-crime have emerged as the new age crime where the boundaries of the nations have lost their relevance. The criminals easily commit crime sitting in a foreign land which may have laws which help them in frustrating the collection of evidence by the investigation agencies. The traditional methods of gathering evidence may not work in many of these cases.

The police officers are required to understand the complexities of financial transactions carried across countries and domestic criminal laws applicable in these countries to unravel the intricacies of such cases. The anonymity of criminals coupled with technologies available which may help hide the origin of particular communication makes the job of investigator all the more difficult. A police investigator, therefore, needs to understand not only the complexities of how computers and internet works but also the legal requirements of gathering and transmitting evidence from outside the country, where the information may reside in servers. Unfortunately, these are not taught in the police training institutions and there are very few police officers in the country who can claim to have expertise in investigation abroad.

Since the trial proceedings, which are often intervened and followed by appeals in higher courts, consume a long time the police officers especially the senior police officers who take the final decision whether to charge-sheet or not to charge-sheet a case more so in specialized investigation agencies do not feel accountable for their actions. By the time the courts pronounce their judgements the officers have either moved on or have retired thereby escaping any questioning for their actions.

Importance and glory of an investigator

Thus, there is an urgent need to restore the importance and glory of an investigator. The police training schools/ academies need to put due emphasis on teaching the art of investigation both during the initial induction training and refresher courses. The officers must be exposed to investigation of crime in the field and their performance watched so that those with flair and aptitude are identified and posted to Crime Investigation Department or to be deputed to specialized investigation agencies. Needless to say, the officers excelling in the field of investigation must enjoy same kind of facilities, respect and importance as their counterparts in other areas of police functioning. It must not be forgotten that any battle against insurgents, terrorists, economic offenders, cyber criminals can be decisively won only by getting them convicting without any delay.

On the other hand, the specialized investigation agencies like CBI, NIA, Enforcement Directorate continue to have a large number of vacancies as officers are not willing to join from state police and they continue to be manned by officers from Central armed police forces who are neither recruited nor otherwise equipped to handle investigation. In spite of the directions of the Supreme Court to fill the posts and incentives like additional remuneration have failed to attract officers on deputation. This gives rise to demand and recommendation from various quarters to have a captive recruitment of officers. It must be emphasized that this would not be a solution as this may lead to a situation where these agencies are staffed with in-bred officers who would have very less experience as these agencies investigate very few cases. This unfortunate situation must not be allowed to persist. I have been an advocate of a system wherein certain posts in the investigation wings of the states are financed by the Central Government and states are obliged to depute a fixed number of officers to these agencies. These officers could revert back to the states, after an interval of five or six years carrying with them valuable investigation experience.

(The writer, an IPS officer of Andhra Pradesh cadre, recently retired as D-G of Bureau of Police Research and Development and served for long years in CBI and NIA. The views expressed are personal)”

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theturbulentyears.png President Pranab Mukherjee steers clear of whipping up a controversy. He was shell shocked when Rajiv Gandhi dropped him from his cabinet in 1984. Reminiscent of 1977 Pranabda went on a holiday with his family. “”I let my frustration overtake my patience.”” Pranabda was sent packing from the Congress in 1986. He floated Rashtriya Samajwadi party which disappeared after failing in the West Bengal elections. Pranabda returns to Congress in 1988 even though his expulsion was not on record. The 1989 Congress defeat brought Pranab and Rajiv Gandhi closer. President Mukherjee says country remained true to the idea of India as envisaged in the Constitution.

For someone with a razor sharp memory having been associated with decision making during the most turbulent years in the post Independence era, President Pranab Mukherjee has deliberately underplayed certain key aspects affecting him politically. The second volume of his autobiography — THE TURBULENT YEARS : 1980-1996 — is rather disappointing. It is apparent the First Citizen has preferred to steer clear rather than whip up an unseemly controversy. He has about 18 months remaining in Rashtrapati Bhawan having assumed the high office of Head of State on 25 July 2012. On the political crisis that he faced including his expulsion from the Congress, Pranabda has assiduously avoided taking any names who had tried sending him to the political dog house. Mukherjee draws attention to “”rumours”” that he wanted to elbow out Rajiv Gandhi for the top post as the possible reason for his ouster from the cabinet and eventually the Congress party. “”All I can say is that he (Rajiv Gandhi) made mistakes and so did I. He let others influence him and listened to their calumnies against me. I let my frustration overtake my patience.”” The Congress swept the December 1984 general elections with 404 out of 514 seats in the Lok Sabha while the BJP got only two seats. Pranabda was summarily dropped from the Rajiv Gandhi cabinet which was not even peripherally in his mind. “”I heard no rumours nor had anybody in the party ever vaguely hinted at it.

I was shell shocked and could not believe it. But I composed myself as my wife watched the swearing-in ceremony on television. I had ceased to be a minister and as I had done in 1977 went off on a holiday with my family who had long suffered my neglect.”” He was sent packing from the Congress two years later in April 1986. Mukherjee decided to float his own party — the Rashtriya Samajwadi Congress (RSC) bringing together disenchanted Congress leaders from different parts of the country. The RSC contested the West Bengal assembly elections in March 1987 and a large number of his candidates lost their deposit. He acknowledges after this resounding defeat, the newly created RSC simply disappeared. “”I was thoroughly disenchanted with politics and chose instead to concentrate on writing my memoirs.”” His homecoming to the Congress finally took place when he campaigned for the Tripura assembly elections on second February 1988. He learnt later that two individuals Santosh Mohan Deb and Sheila Dikshit lobbied with Rajiv to bring Mukherjee back into the party. He was surprised by Dikshit’s support as he had not known her personally at that time. There is no doubt that Pranabda was willing to return to the party with the least fuss.

When a scribe asked if his expulsion had been revoked, the Congress spokesman’s skillful response was “”only Congress persons are campaigning for the party in Tripura.”” Nobody said that the expulsion had been withdrawn as there was nothing on record. A large number of Congressmen in West Bengal and Tripura felt only by bringing these two states under President’s rule could their party ever hope to win an electoral battle against the ruling CPI(M)-led Left Front. They rejected Mukherjee’s explanation that President’s rule could not arbitrarily be imposed under the Constitution. They believed that it was his advice to the central Congress leadership which was preventing the imposition of central rule in the two states. A silent and vicious campaign started against him that he had a secret understanding with the Left Front leaders of Bengal who in turn had supported his election to the Rajya Sabha. In turn it was claimed he had helped the Left Front by ensuring that President’s rule was not imposed in the state. Much later in a heart to heart conversation in 1991, P V Narasimha Rao told Pranabda that if he had not formed another party after his expulsion, perhaps his return to the Congress might have been much faster. Rajiv would have brought him back especially after Arun Nehru, V P Singh and others had deserted him. “”Looking back, I feel that PV was correct. I could have avoided the RSC fiasco.

I should have had the wisdom to realize that I was (and am) not a mass leader. Those who left the Congress rarely succeeded.”” He observes “”I could have been some help to the Congress party and the government during those crucial years of 1986 and 1987 when everything seemed to go wrong for Rajiv. I returned to the party in 1988 — too late to make any significant difference to the Congress performance in the Lok Sabha elections of 1989. Rajiv Gandhi’s defeat in 1989 “”brought us close together and he (Rajiv) entrusted me with a lot of work.”” When P V Narasimha Rao was recalled and went on to become the Prime Minister in 1991, Mukherjee was conspicuous by his absence in his council of ministers. He was extremely upset. PV specially summoned Mukherjee and told him there were compulsions and could not reveal the name of that person. May be at some later date. But that never happened. Nevertheless, Mukherjee was offered the Deputy Chairmanship of the Planning Commission. When Mukherjee said he will think it over, PV told him curtly “”you can think for as long as you want but I want you to join on Monday.”” Sadly PV never got round to telling Mukherjee “”why he could not induct me into the cabinet. It remains a mystery to me till date.”” The Congress had emerged as the single largest entity in 1991 with 132 seats and was able to form the government. The period between 1988 and 1991 was one of significant social and political turmoil in this country. Communal and caste politics came to the forefront. He felt it is difficult for him to make an assessment of V P Singh as he had only limited interaction with him.

On the other hand Chandra Shekhar began his political career in 1951 and was one of the few members of the ruling Congress to have been imprisoned during the Emergency for revolting against Indira Gandhi’s authoritarian style of functioning. In fact, he was held in high esteem across parties — a tribute to his statesmanship. Given a viable chance, Chandra Shekhar might well have proven himself as one of India’s best Prime Ministers. In 1991 the country confronted a general election and Rajiv Gandhi made Mukherjee the chairman of the campaign committee as well as party spokesperson. His last meeting with Rajiv Gandhi was on the eve of his tragic death on May 21, 1991 when he was assassinated by a woman suicide bomber in Sriperumbudur near Chennai. “”Rajiv’s death shattered me. India had lost one of its most dynamic leaders. In a short political career of eleven years, Rajiv had carved out an important place for himself in India’s contemporary history.”” This period witnessed a shift from one party dominance to multiple — regional as well as national parties. It saw the growth of regional and coalition politics leading to increasing demands for state autonomy. Then, there was the emergence of subnationalism in the form of regional movements in Punjab and the Northeast posing a huge challenge to the nation. And finally caste entered the framework of politics. The Ram Janambhoomi-Babri Masjid issue, the Shah Bano verdict and the Mandal Commission report changed the nature of political mobilisation. Through all these challenges India grew stronger. As the turbulent years drew to a close, the country remained true to the idea of India as envisaged by the makers of the Constitution.

TR

(T R Ramachandran is a senior journalist and commentator.)
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zikaimage.pngIndia is among the five countries that are working on developing vaccine to protect against Zika virus, the World Health Organisation has said. As many 23 projects are being worked on by 14 vaccine developers in the US, France, Brazil, India, and Austria. As the vaccine will be used to protect pregnant women or women of child-bearing age, it must meet an extremely high standard of safety, WHO Director General Margaret Chan said at the United Nations. WHO estimates that at least some of the projects will move into clinical trials before the end of this year, but several years may be needed before a fully tested and licensed vaccine is ready for use. However, several scientists have warned that the first explosive wave of spread may be over before a vaccine is available. But all agreed that development of a vaccine is imperative.

More than half of the world’s population lives in an area where the Aedes aegypti mosquito is present. The world was alerted to the first appearance of Zika in the Western Hemisphere on 7 May 2015, when Brazil confirmed that a mysterious outbreak of thousands of cases of mild disease with rash was caused by the Zika virus. The absence of population immunity gives the virus license to spread rapidly and behave in possibly unexpected ways, the WHO statement said. At the time of the May announcement, the disease looked reassuringly mild, with no hospitalizations or deaths reported. In July, Brazil reported an increase in cases of Guillain-Barré syndrome, followed by an unusual increase in microcephaly among newborns which were reported to WHO in late October. The possibility that a mosquito bite could be linked to severe fetal malformations alarmed the public and astonished scientists, WHO has said.

The association with Guillain-Barré syndrome and other severe disorders of the central nervous system has expanded the risk group well beyond women of child-bearing age. “”We now know that sexual transmission of the virus occurs. In less than a year, the status of Zika has changed from a mild medical curiosity to a disease with severe public health implications,”” the statement said. A pattern has emerged in which initial detection of virus circulation is followed, within about three weeks, by an unusual increase in cases of Guillain-Barré syndrome. Detection of microcephaly and other fetal malformations comes later, as pregnancies of infected women come to term. In the current outbreak, Brazil and Panama have reported microcephaly. Colombia is investigating several cases of microcephaly for a possible link to Zika.

In other countries and territories, the virus has not been circulating long enough for pregnancies to come to term. To date, 12 countries and territories have now reported an increased incidence of Guillain-Barré syndrome or laboratory confirmation of Zika infection among GBS cases. Additional effects on the central nervous system have been documented, notably inflammation of the spinal cord and inflammation of the brain and its membranes. The virus is currently circulating in 38 countries and territories. On present knowledge, no one can predict whether the virus will spread to other parts of the world and cause a similar pattern of fetal malformations and neurological disorders. If this pattern is confirmed beyond Latin America and the Caribbean, the world will face a severe public health crisis, the WHO has warned.”

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image.pngThe launch of Bedaquiline – a new anti-TB drug for Drug Resistant TB as part of the Revised National Tuberculosis Control Programme – is part of government’s new strategies towards achieving the Sustainable Development Goals (SDGs) and the End TB Strategy. This new class of drug is a diarylquinoline that specifically targets Mycobacterial ATP synthase, an enzyme essential for supply of energy to Mycobacterium tuberculosis and most other mycobacteria. This drug is indicated for use in the treatment of drug-resistant TB. Bedaquiline is being introduced at six identified tertiary care centres across India. These sites have advanced facilities for laboratory testing and intensive care for patients. Bedaquiline will be given to multi-drug resistant TB patients with resistance to either all fluoroquinolone and/or all second line injectables and extensive drug resistant TB.

India also has a large number of drug resistance cases and drug resistance is a major cause for concern because of lack of adherence to medicines and the availability of TB drugs over the counter. Tuberculosis remains a major public health problem despite noteworthy socio-economic development and availability of technology. It was made a notifiable disease in 2012. India is a signatory to “”The End TB Strategy“” that calls for a world free of tuberculosis, with measurable aims of a 50 per cent and 75 per cent reduction in incidence and related deaths, respectively by 2050, and corresponding reductions of 90 per cent and 95 per cent by 2035. The SDGs which came into effect from January 1, 2016 require that all three dimensions of development – economic, social and environmental—are addressed in an integrated manner to ensure that “”no one is left behind.””

Though India is the second most populous country in the world, one fourth of the global TB cases occur in India annually. As per WHO Global TB Report 2015, of the estimated global incidence of 9.6 million TB cases, 2.2 million were estimated to have occurred in India. As per the current WHO estimates, India’s TB control programme is on track as far as reduction in disease burden is concerned. There is 58 per cent reduction in TB mortality rate as compared to 1990 level as there is 55 per cent reduction in TB prevalence rate by 2014 as compared to 1990 level with the trend declining steadily. Tuberculosis prevalence per lakh population has reduced from 465 in year 1990 to 195 in 2013 which in terms of numbers means the prevalence has reduced from 40 lakh to 15 lakh annually.

Tuberculosis incidence per lakh population has further reduced to 167 in 2014 and TB mortality per lakh population has come down to 17 in 2012 as against 38 in 1990. In absolute numbers, mortality due to TB has reduced from 3.3 lakh to 2.2 lakh annually. The Union Health and Family Welfare Minister J.P.Nadda said that India was committed to fighting Tb and resources would not be a constraint. He also inducted over 500 Cartridge Based Nucleic Acid Amplification Test (CBNAAT) machines in the programme. The CBNAAT is a revolutionary rapid molecular test which detects Mycobacterium tuberculosis and rifampicin drug resistance, simultaneously. This test is fully automated and provides results within two hours. It is a highly sensitive diagnostic tool and can be used in remote and rural areas without sophisticated infrastructure or specialized training.

Until 2015, 121 CBNAAT sites are functional in the country largely providing decentralized testing for detection of DR TB. With the availability of these additional 500 machines, access to rapid quality assured diagnosis of DR TB and TB will be ensured in all the districts of India either directly or through a linkage by specimen transport mechanism. Additionally, the programme will be able to use this highly sensitive state-of-art technology for diagnosis of TB among key populations like children, PLHIV and extra pulmonary TB patients. India has also launched the ‘Third line ART programme for People Living with HIV’. The life-saving third line ART costs nearly Rs. 1.18 lakh per patient per year. Providing these free would not only safe lives but improve socioeconomic conditions of the patients. This initiative brings India’s ART programme at par with programmes in the developed countries. “

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BJPPDP.pngUncertainty over government formation in Jammu and Kashmir is likely to end over the next couple of weeks or so as prospects of a BJP-PDP government taking over reins of the State have revived. First, a meeting between Prime Minister Narendra Modi and People’s Democratic Party (PDP) leader Mehbooba Mufti in the Capital went off well, signaling that the deadlock which has persisted in the wake of Chief Minister Mufti Mohammad Sayeed’s death this January may get over soon. After meeting the Prime Minister, Mehbooba had described the meeting as “”very positive and good in addressing issues pertaining to the people of the state.”” In the past, she had talked about confidence building measures which should be taken by the Centre in the State.

Second, making all right noises Mehbooba Mufti, MP and daughter of Mufti Mohammad Sayeed who has the responsibility of taking her father’s legacy forward, is scheduled to meet PDP legislators in Srinagar on Thursday where some firm contours about the new government are likely to take shape. Though Mirwaiz Umar Farooq said that PDP-BJP alliance had polarized people in Jammu region and Kashmir Valley, he favoured taking the political process ahead and attend to some immediate issues which the PDP had been raising. “”It includes engaging all stakeholders and improving ties with Pakistan,”” he told journalists at a reception held on Wednesday evening at Pakistan High Commission to mark the National Day of Pakistan. The reception was attended by Environment Minister Prakash Javadekar. Last year, Minister of State for Overseas Affairs V. K. Singh’s presence at the same event had created a controversy.

Mr. Javadekar was at the reception for about 15 minutes. Mirwaiz Umar Farooq said that he would have liked the present Modi government to follow in the footsteps of the Vajpayee government and its policy towards Kashmir but regretted that the current BJP-led government had hardened its position. The Mirwaiz said the Kashmir issue was a political issue and all parties should be engaged to resolve it politically. During his visit to Kashmir in 2003, the then Prime Minister Atal Behari Vajpayee  had said that his government was open to hold talks with separatists on Kashmir “”within the ambit of Insaniyat.”” Hardline separatist leader Syed Ali Shah Geelani, was also present and criticized the hardened attitude of the Modi government towards Kashmir. All eyes will be on Thursday’s meeting of PDP legislators in Srinagar where Mehbooba might announce the future course of action.

If the legislators elect Mehbooba as their leader, it will pave the way for the first woman Chief Minister of the State to take oath. Only a few days ago, she had met the BJP President Amit Shah in the Capital and hit a roadblock. Earlier, at a party briefing Union Minister Prakash Javadekar had described Mehbooba’s meeting with the Prime Minister as constructive and good. Only two days ago, Union Finance Minister Arun Jaitley had indicated that all was not lost, saying that the BJP was committed to the agenda of alliance. With 27 MLAs (down from 28 after Sayeed’s death), in the 87-member assembly, PDP is the single largest party. The BJP has 25. The National Conference has 15 and the Congress 12. Other parties have 7 members.”

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Swallowing its pride the BJP-led NDA government has woken up to the realisation that the archaic sedition law evolved by the British colonisers to scare away freedom fighters needs to be urgently revisited. This has happened after the arrest and release of Jawaharlal Nehru University Students Union (JNUSU) president Kanhaiya Kumar under this draconian measure. The overreach of the Delhi police by invoking the sedition provision against university students has been widely criticised. Opinion is divided among legal experts whether Section 124-A should remain on the statute books. Its abuse impairs a critical feature of dissent in a democracy.  Importantly, the essential ingredient of this section dating back to 1860 — an imminent threat to public order — was absent in the case.

It has now become a major impediment for free speech guaranteed by Article 19 of the Constitution.  Former CPI (M) general secretary Prakash Karat criticised the Modi government for bringing universities across the country under siege. “”There have been constant attempts to impose ideological hegemony on universities.”” As the former JNUSU president he stressed “”this crisis at JNU has also been directed by the top government machinery. RSS has always called JNU a den of anti-nationals.”” The role of the Akhil Bharatiya Vidyarthi Parishad (ABVP), the student wing of the BJP, cannot be undermined. Egged on by the RSS and the Sangh Parivar, it has played its part in whipping up frenzy against the so called anti-nationalists. The presence of ABVP activists on campuses in different parts of the country has been insignificant in the past. With the BJP led NDA government in power for nearly two years the ABVP has been galvanised into action.

Definition of Sedition too wide

The government acknowledged that the definition of sedition was too wide and it was being referred to the Law Commission. Union Home minister Rajnath Singh assured that an all party meeting will be convened once the Law Commission submits its report to the centre.  The 1971 report of the Law Commission wanted to expand the term relating to inciting “”disaffection towards the government established by law”” with regard to the Constitution, Parliament, the government and legislatures of the States, and the administration of justice. While upholding sedition as an offence under “”public order””, the Supreme Court ruled it ought to be invoked only if a particular speech or action had a “”pernicious tendency to create public disorder””. Words such as “”attempts to bring hatred or contempt”” are unacceptably vague, and further explanation that ‘disaffection’ includes “”disloyalty and all feelings of enmity”” compounds the problem. Two High Courts had declared Section 124-A unconstitutional before the Supreme Court upheld the section in 1962 in Kedar Nath Singh v. State of Bihar. The Law Commission should take into account recent developments especially the flagrant instances of misuse of the sedition law and the tendency to invoke it against those involved in strident forms of political protest heaping scathing criticism on the government.  One way to limit its mischief is to narrow the definition; but a more rational and constitutional option would be to scrap the provision altogether. Leader of the opposition in the Rajya Sabha Ghulam Nabi Azad expressed apprehensions that given the wide definition of the sedition law “”half of the parties will be anti-national if there is a ban on speaking against the government.””

He wondered whether those engaged in the machinations of “”communal divide”” will also be brought within the ambit of the sedition law after the review.  Minister of State for Home Affairs Kiren Rijuju made it clear in the Rajya Sabha that he was not defending the action of the Delhi police. It may be recalled that in the early years sedition came with severe punishments including the perpetrators having their ears cut off for a first offence and being put to death for committing it time and again. Later it became punishable up to life imprisonment and/or a fine and in most cases “”not only truth was no defence but the intention was irrelevant.””  The relevance of the Shreya Singhal v. Union of India case last year declaring unconstitutional the notorious Section 66A of the Information Technology Act the court ruled that the speech howsoever offensive, annoying or inconvenient cannot be prosecuted unless its utterance have, at the least, a proximate connection with any incitement to disrupt public order. What is significant is that it freed online speech in this country from the threat of arrests and prosecution.

Can there be democracy without dissent?

It is widely believed there cannot be a democracy without dissent. There are inevitable peoples’ movements waging a perpetual struggle against whosoever is in power in Delhi. It was only during the dark days of the Emergency that any kind of dissent was throttled. It has also never been suggested that an opinion contrary to that of the government is inimical to national interest.  Dissent is anything but anti-national. This nation has been built on dissent at crucial times in its history. It is time that vague definition of offences which result in mindless prosecution based merely on the wording of the Act that allows provocative and innocuous speeches being treated as criminal is stopped. Newly appointed Law Commission Chairman Justice Balbir Singh Chauhan acknowledged that the sedition law required “”reconsideration.”” He made it clear that the panel will not jump to any conclusion before hearing all stakeholders. “”We do not know what the problems and difficulties are. We will hear all stakeholders and consult criminal lawyers,”” the former Supreme Court judge observed. Meanwhile, the Hindu Centre for Politics and Public Policy held a panel discussion on “”Free Speech and Sedition in a Democracy”” where Justice K Chandru, a former judge of the Madras High Court observed “”it (sedition) was political and always misused by the political class”” in this country. He gave the evidence of singer Kovan in the southern state being booked under sedition. “”If a law is likely to be misused, then it is an arbitrary law,”” Justice Chandru added. The discussion was held in Chennai last Thursday.

(T R Ramachandran is a senior journalist and commentator. The views expressed here are personal.)“

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Sunderban.pngPeople’s movements in India have joined hands with their Bangladesh counterparts to save the Sunderbans with a delegation of 11 senior activists taking part in the Long March organized by National Committee to Protect Oil, Gas, Mineral Resources, and Power to protest against a power plant being jointly build by the two countries which is likely to impact the delicate ecosystem of the Sunderbans. The march started from Bangladesh’s capital Dhaka on March 10 to Kathakhali Morh, Bagherhat district, Bangladesh – a distance of 250 kms from the capital. The Rampal power plant is being built through a joint-venture by Bangladesh’s Power Development Board and India’s National Thermal Power Corporation (NTPC), with machinery coming from India’s Bharat Heavy Electricals Ltd (BHEL), finance coming from Indian ExIm Bank and PricewaterhouseCoopers (India) contracted for Long term coal sourcing, maritime transportation, transshipment, inland water transport and logistics.

Ashok Choudhury, and Roma Malik of All India Union of Forest Working People, Soumya Dutta, of Bharat Jan Vigyan Jatha and India Climate Justice, Magline Peter of National Fishworkers Forum, Bharat Patel of Machimar Adhikaar Sangharsh Sangathan, Gujarat, representatives of Delhi Solidarity Group and other environmentalists were part of the Indian delegation. The delegation reiterated their support to the movement to protect the Sundarbans and called upon the Governments of India and Bangladesh to cancel the project and seek decentralized and sustainable solutions to address the energy issues. They warned that in the coming days a more coordinated opposition will be build on both sides of the boarder, bringing together like-minded people’s movements, political parties and intellectuals, to protect Sundarbans. “People’s movements in India resonate with the key message of the Bangladesh movements  – that while there are alternatives for sources of energy, there is no alternative to the Sundarbans. Sundarbans is a critical life-support ecosystem to India as much as it is for Bangladesh. Protecting it is the responsibility of people of both countries”, Ashok Choudhury, General Secretary, All India Union of Forest Working People said.

“If Rampal and the adjacent Orion projects are allowed to come up, everyday, lakhs of litres of hot water would be pumped out from these projects to the Passur river along with the release of millions of tons of toxic coal ash in the surrounding air, water and soil every year., severely affecting , vegetation, fish and other aquatic wealth, and reducing the oxygen level in the river drastically, devastating farming and fishing livelihoods  ”, Soumya Dutta, Convener of the Bharat Jan Vigyan Jatha said. “Amongst the fishworkers, women are the worst affected,” Magline Peter of National Fishworkers Forum said. “While they are already burdened with running the household, Rampal project makes it further difficult. The project would be detrimental to the food security of the region,” she added. The delegation, after talking to different political and civil society representatives, expressed concern about the increasing anti-India sentiment in Bangladesh.

“At a time when it is important to strengthen relationship with neighboring countries, it is unfortunate that India is promoting this project which is alienating India further. It is important that a Parliamentary delegation visit Bangladesh and discuss the implications of the project with different stakeholders and take a pro-people position on the project to restore the faith and confidence on India,” Roma, deputy General Secretary of All India Union of Forest Working People said. The delegation also warned that with coal projects coming up in and near Sundarbans, with a requirement of over 4 million tons of imported coal each year for Rampal project alone, grave accidents are just round the corner and the governments should take cognizance of it and should restrain from exposing Sundarbans from more danger.”