Dwindling credibility of armed forces

With senior officers of the Army coming under a scanner in the case relating to an attempt to transfer of a major chunk of land adjoining the military cantonment to a private trust in the Eastern Sector, credibility of the armed forces has taken a further hit. There is no doubt that the Army Court of Inquiry into the incident is not yet complete and the media appears to have come to premature conclusions. But the very fact that such senior officers of the rank of Lieutenant General are under the scanner is a cause of concern.
One of them occupies the pivotal post of Military Secretary. The MS is one of those who reports directly to the Army Chief and is a Principal Staff Officer (which allows him to interact with various ministries on behalf of the Army). Moreover, his office is responsible for all the postings and transfers in the fauj. If the person at that post is facing inquiries, how is he supposed to inspire confidence in his choice of postings and transfers? Moreover, if reports of an officer approved to be the Deputy Chief, which is also a PSO appointment, besides a Corps Commander are under a cloud, it can be averred that there is need for greater scrutiny for appointments to top jobs. The two Deputy Chiefs are responsible for systems, training and acquisition of military equipment. Imagine, some of these are people who have commanded corps headquarters, which are the highest fighting formations.
Most Army officers are quick to defend their brother officers facing inquiries. The other day in a discussion on CNN-IBN news channel, where I too was invited, a senior army officer said that this particular case was an isolated one and the situation was far worse in the civil. Undoubtedly, if you compare the forces with the environment around them and other services, their credibility is still phenomenal. But, then, if you compare the armed forces today with what they were four decades back, their credibility has taken a nose dive over the years. And it is this reputation and ethos that the armed forces, which are the last instrument of state policy, should be concerned about.
The question often asked is: how has the credibility taken a nose dive over the years? Besides issues within the armed forces, apathy on the part of successive governments on their pay, perks, and status has affected the morale of the rank and file. Armed forces are not attracting the best talent to the officers’ cadre. Defence officers have started looking at other ways to either enrich themselves or seek after-retirement jobs. The latter appears to be the case here.
What needs to be done? One, there is need, as I said, for greater scrutiny for appointment to higher ranks. Two, greater empathy on the part of the government to the requirements of the armed forces. This will ensure that their morale remains high. Three, the stipulation of the two-year cooling-off period after retirement for taking up any civilian job, should be strictly enforced. This should apply to even the Army Chief and also government jobs such as ambassadors and governors. This will ensure that they have nothing but the wellbeing of the armed forces in mind while they don the uniform.

Democracy for Chandigarh

The reported move to revert to the Chief Commissioner system in the Union Territory of Chandigarh is a retrograde step. That it should be linked to the recent controversies relating to the Chandigarh Administration would be missing the bigger picture – like the proverbial wood for the trees.

There is little doubt that some of the controversies are the result of a faulty system of administration in the city. You have an Administrator for Chandigarh whose powers and responsibilities are unclear, especially vis-à-vis the Union Ministry of Home Affairs. The fact that the Administrator is also the Governor of Punjab further confounds this confusion, especially in respect of the jurisdiction of courts (on powers of the Administrator). The confusion has only helped feed egos of its functionaries.

But does that mean that UT should go back to the Chief Commissioner system? Certain people with lack of basic understanding of governance have been pushing this concept. Where on earth is a bureaucratic system the answer? Remember the days when the city had Chief Commissioner…. status quo prevailed for nearly three decades. And there were no dearth of scams (remember the infamous lottery scam?), despite there being only a handful of media persons around then to unearth them. Do we want that? And should a Chief Commissioner not work out, would you bring in a Police Commissioner?

The need is correct the fault lines in the system by bringing in a more democratic system. The Chandigarh Municipal Corporation, despite its lack of powers, has shown that the City is now ready for a more vibrant democracy – like Delhi, Goa and other places. This is all the more important since the noise about its political fate (of being transferred to Punjab or Haryana) is no more than symbolic now. It is high time that not just the political parties but the sector associations and other social groups get together to empower themselves. Since Chandigarh’s size could be an issue to replicate the city state concept, the democratic system could be specially customized for it. A Committee of Parliamentarians and others could be asked to chalk out the system suitable for it.

Of course, since Chandigarh is a highly planned city, there would be fears that a democratic system could undermine its basic concept, architect and planning – even to the extent of destroying it. These fears are legitimate. But there is a way around this issue. Certain basic concepts (like height of buildings, fate of its villages etc) could be spelt out in the form of a Statute, which could be altered only with Parliamentary approval.

The system of governance in Chandigarh surely needs to change but the way to go is forward and not backward.

Holier Than Thou

In a little over two years, sectarian violence has engulfed Punjab and certain areas of Haryana for the second time. Hopefully, like the previous incident, this incident too would be brought under control. Yet, this once again underlines the explosive nature of the caste divide that permeates Punjab. Recurrence of such incidents at frequent intervals bring back horrendous memories of the late 1970s when sectarian violence concerning Nirnkari sect spiraled a bloody phase of terrorism in the border state.
While two years ago, it was Sirsa-based Dera Sacha Sauda which was at the centre of the controversy, this time it is the 109-year old Dera Sachkhand Ballan. The provocation for the violence in Punjab was the armed attack on the dera head, Sant Niranjan Dass and his deputy, Sant Ramanand in Vienna (Austria) on May 24, 2009. The two leaders who were in Austria to conduct a special service were attacked by persons reportedly affiliated to another Sikh gurdwara in Austria. While Ramanand succumbed to his injuries the following day, Niranjan Dass is recuperating from gunshot wounds in a Vienna hospital.
Though full details of the incident and details of the identity of the attackers is not known, the incident does reflect a failure on the part of the Indian diplomatic mission in Austria, which should have been alive to the simmering differences between Sikh groups in that area. Moreover, in the wake of the possible fall out in Punjab, it should have sounded an alert back home as soon as the incident took place. Had the Government in Punjab been alerted well in time, the people could have woken up on Monday morning with curfew in the affected areas. Failure to do resulted in government property running into several crores having been damaged in Punjab alone.
Although the tenth Guru of the Sikhs, Guru Gobind Singh, who founded the Khalsa, having included all sections of the society, including the Dalits into the Sikh fold, sectarian divide is most pronounced in Sikhism today. There are more than two dozen sects and nearly a 100 deras in the region, who owe allegiance to Sikhism in some form of another, but have their own distinguishing characteristics. Many of them have living Gurus, which is anathema to mainstream Sikhs, who consider the holy book, Guru Granth Sahib as the Guru ordained.
One such sect is Dera Sachkhand, which was originally called Dera Shri 108 Sant Sarwan Dass Ji Maharaj Sachkhand. Its followers (Ravidassi Sikhs) adhere to the teachings of Sant Ravidas, a 15th century untouchable preacher, whose “bani” (teachings), like that of many other preachers cutting across different religions of that time, form a part of the Guru Granth Sahib. Yet, when discrimination against the dalits continued in Sikh gurdwaras, separate Ravidas gurdwaras started surfacing in the middle of the 20th century, where portraits of Guru Ravidas are also displayed. According to one estimate there are as many 75 gurdwaras of Ravidassias abroad.
Mainstream Sikhs, especially the radical elements among them, are piqued with Dera Sach Khand on a number of counts. Most Ravidassias, who don’t sport a turban, refer to most of their religious places as “gurdwaras”, where the Guru Granth Sahib is worshipped. The first time, tension between Ravidassias and others cropped up was in Tallan village in Jalandhar district of Punjab in 2003.
Earlier, ideological differences cropped up when dera followers started believing in a living Guru - Sant Niranjan Dass enjoys that status now – an issue on which Sikhs are extremely touchy. Earlier, differences with Dera Sacha Sauda came to the fore when its head, Ram Rahim Singh was accused by Sikh groups of trying to copy Guru Gobind Singh in dress and form.
Incidentally, the mainstay of most of the other deras and sects that have cropped up in Sikhism are either the dalits or the poorer sections of people. Dalits form nearly 30 per cent of the population in Punjab. Among the reasons for mass appeal of these deras are the charitable institutions like hospitals and schools being run by them. Since these deras also lay emphasis on education of children and condemn child marriage and drug abuse, they are seen by the poor as a panacea for their misfortunes. Properties of these sects dot not just Punjab but almost all states in North India. Moreover, they are liberal on the form of Sikhism that they practice.
Political observers in Punjab feel that the recent incident should act as a wake up call to the government and religious organizations like the Shiromani Gurdwara Prabandhak Committee (SGPC) to not just take remedial measures but start the process of social reconstruction in the state. If today it is Dera Sachkhand that is at cross roads, tomorrow it could be another sect.
Sikh scholars for long have argued on the need to take all sects into the wider fold of Sikhism. However, there were few takers on his advice. Later, when the Nirankari sect clashed with the Sikh groups in late 1970s, efforts were initiated to bring about reconciliation. But these efforts did not fructify.
SGPC has been cagey on initiating reforms for the fear of drawing flak from the radical elements. Also, SGPC leaders feel that any relaxation of norms on Sikh identity and form could weaken the identity of the Khalsa and would result in more people opting out of the form of Sikhism as ordained by the 10th Guru.
Another underlying reason for the SGPC dillydallying on introducing reforms and providing acceptability to other sects is the fear that it could drastically alter the power equation within the SGPC, which is acting as a handmaiden of the Shiromani Akali Dal (Badal) in Punjab. In this they see power slipping out of their grips. SGPC is already out of reckoning in the Sikh gurdwara politics in Delhi and the demand to have a separate gurdwara body in Haryana is growing. As Sikhs settle down in different parts of the world, independent streaks are becoming more pronounced. For example, a gurdwara in Europe has decided to make alterations in the ardas (daily Sikh prayer), which is being resented by the SGPC leaders.
Another factor which could further widen the schism is continuing separatist tendency among powerful sections of the Sikh Diaspora abroad. In many places abroad, especially Canada, gurdwaras are controlled by radical Sikhs. Some of them left the Indian shores long ago and have failed to keep track of developments back home. Many left Punjab at the height of militancy when there was a crackdown by the security forces, forcing them to seek political asylum abroad. This includes a number of countries in Europe. This has a great destabilizing factor, especially when there is comparative peace back home in Punjab, as in the recent case.
Fortunately, Punjab has come a long way since the earlier phase of violence when politics – both at the Centre and in the state – added fuel to the fire, unmindful of the suicidal consequences. Now, the Congress/ UPA Government at the Centre and the SAD/BJP Government in Punjab appear to be wise to the dangerous consequences if they play with fire.

Return of anger

People often wonder why the Sikh community continues to be angry with the Congress party. This question hit the headlines once again when a Sikh journalist, Jarnail Singh, hurled his shoe at the Union Home Minister, P. Chidambaram, during a press conference in New Delhi on Tuesday. Perhaps, if one looks at the sequence of events for the past 25 years, the answer to the question is obvious.
In our context, the anger of any and every community which feels wronged is justified – it is the Sikhs on 1984 anti-Sikh violence, the Muslims on Godhra in Gujarat and so on. The anger is against the system – or a lack of system – of the Rule of Law not being followed for years. If you don’t follow the Rule of Law, the anger – justified or not - will manifest in various ways – as has been happening in our country and globally. It is in this context that the Sikh anger against the Congress should be seen. This is irrespective of the incident involving the shoe being hurled – an issue on which as a journalist I have different and strong views.
The community is angry because of the way the Congress has conducted itself. In the case of Jagdish Tytler, the party has not only given him a ticket all these years because of the “winnability” factor but also given him ministerial berths. Since this happened when he was facing inquiries, this obviously gives the impression to the community that he is being protected by the party. The timing of the CBI clean chit is also very odd – why could the CBI not give its report a few months ago or a few months hence? This gives the impression to an aggrieved community that the party is deliberately rubbing salt on their wounds. I would say that since the Election Commission has been pulling up various state government, ministers and officers, it should even look at the prosecution powers of agencies like the CBI and the state vigilance commissions in the run up to the polls. It is another matter that in this case the whole game plan – if there was one - appears to have boomeranged.
I am not sure if the BJP can claim much credit either on the issue of violence against Sikhs in 1984. The party did initiate some fresh inquiries but in concrete terms ended up doing little to take the guilty to task when in power. Mind you, the incident is 25 years old. Isn’t it a shame on the Rule of Law that we claim to profess and practice? BJP also has much to explain on Godhra violence in 2002.
On Tuesday evening, I was invited to a panel discussion on CNN IBN, where Sagarika Ghosh, who was anchoring the programme, asked me how felt on the shoe throwing incident. “Do you see yourself as a Sikh first or as a Journalist first,” she asked? I told her that I saw no contradiction in being a Sikh and a Journalist at the same time. While giving my view on the anger of Sikhs against the Congress, I told her that I strongly disapproved of the shoe throwing incident. Undoubtedly, journalists are mirror images of the society to which they belong and in which they live and on which they report, but they have a medium to express themselves. They can’t and should not take advantage of the ring side view of the events – howsoever, painful the events are. If they do that they would lose the special privileges they enjoy in the performance of their job. Besides, they lose credibility.
While there is onus on the journalistic community to ensure that its brethren conduct themselves professionally, the governments are bound by the Constitution to ensure a Rule of Law, which is unsparing, transparent and time bound. Tuesday’s incident reflected a failure of both.

Use, Not Abuse Special Powers

Though the Army authorities would oppose any move to revoke the Armed Forces Special Powers Act (AFSPA) and Disturbed Areas Act in the state of Jammu & Kashmir, they are themselves to blame for the present impasse. The Chief Minister, Omar Abdullah has been under pressure to revoke the special powers and legal immunity provided to the security forces, especially after the death of two youths in Sopore in February, 2009. Besides various political parties like the PDP and CPM, human rights organizations too have been demanding scrapping of the special powers. State Government’s recommendation notwithstanding, the final decision on whether to continue with the Act or to scrap it remains with the Union Government.

AFSPA was imposed way back in July, 1990 during Governor Jagmohan’s rule and though it was intended to remain in force for a short duration, it has remained in force ever since, with successive state governments continuing with it – apparently due to continuing terrorism. Besides Army officials, most security analysts are of the view that Special Powers and immunity against prosecution has helped the security forces to contain terrorism in the Valley.

As some one who has followed Kashmir developments closely for the past few years, I agree that Army can’t fight the scourge of terrorism with its hands tied behind its back. The security forces have been faced with this low intensity conflict for nearly two decades now. Whatever the causes of terrorism in the Valley, since the movement has sustained because of the support from across the border, the Army needs extraordinary powers to quell it.

But in the process what the Army authorities have ignored is the fact that the Special Powers Act provides them immunity for only bonafide operational acts. Some borderline cases could also come within the realm of being called bonafide. But security forces have been taking protection of the Act to gloss over even actions of its officers and jawans which were anything but bonafide. The infamous Pathribal case is one such example. CBI investigations brought out that five Army officers were among those involved in the killing of five innocent Kashmiris in a fake encounter to falsely claim that the militants responsible for the Chittisingh Pora incident of March 20, 2000 had been eliminated.

In case the Army insists on immunity under the Special Powers Act, its top brass should come down severely on its personnel found guilty of such acts. And to come clean in public eyes, this system should be absolutely transparent. The public in J&K, whose cooperation the Army seeks, have a right to know the action the Army authorities have taken against the guilty of Pathribal - and now Sopore? In no case should Special Powers Act be used to protect rogue officers. If you do so, demands for scrapping the Act would only increase in the coming days.

Living in volatility zone

The recent developments at home and in our immediate vicinity raise serious security and foreign policy concerns. The string of violent incidents having nation-wide concerns started with the 26/11 Mumbai terror attacks. These were followed by the attacks on the Sri Lankan cricketers in Lahore last month. The developments on India’s eastern borders, where the Bangladesh Government is still coming to terms with the mutiny by the Bangladesh Rifles (BDR) troopers last month, is worrisome. And due to its possible spillover effect in Tamil Nadu, India is watching with interest the situation in Sri Lanka where the Government and the LTTE are engaged in a do and die battle. What has further added to the alarm in our security establishment is the worsening political situation in different parts of Pakistan. India is keeping its fingers crossed on the likely fallout of the long march slated for March 16 in Pakistan. All these developments, which political commentators are calling a “ring of fire” around India, could not have come at a more inopportune time. The country is in the process of getting into the election mode, which would engage all political parties for the next two and a half months. One hopes the volatile situation around us does not have a direct bearing on the poll process. The Government is of course alive to the highly unsettled conditions all around it and on Thursday, the prime Minister chaired a meeting of the Cabinet Committee on Security. There is also no doubt that systems are in place to ward off eventualities that may arise during the interregnum period of government change. But a new security doctrine would have to wait. What is evident on each of the frontiers may be only the tip of the iceberg. For example, in Bangladesh, there is increasing evidence of the mutiny by the BDR troopers to have been politically driven. Since the troopers were supported by fundamentalist elements, they could be trying to destabilize the newly elected Prime Minister, with implications across the border. Down south in Sri Lanka, the LTTE, who were talking from a position of strength in negotiations with the Government till recently, are all but cornered. In case the LTTE elements are forced to disperse and wage guerrilla warfare, India will have to step up its vigil in the sea adjoining Tamil Nadu to keep them at bay. Up in the North, the political situation in Nepal continues to be uncertain. This is bound to have an impact on India with which it has an open border, especially in the terai areas. In the wake of differences between the Army and the Maoists on integrating Maoist cadres in its rank and file, there is a danger of some of these elements trying to infiltrate across to foment trouble in India. Of course the most worrisome is not just the worsening situation in Pakistan but the gradual inching forward of the Taliban elements in the North-West Frontier Province (NWFP). The decision of the Pakistan Government to strike a deal with the Taliban in the restive Swat Valley of NWFP is rife with long-term security implications. Not only is Swat just 160 km from Pak capital of Islamabad but it is adjoining the Northern Areas of Pakistan, which link up Pakistan Occupied Kashmir and J&K. At this point, Kashmir Valley may be quiet but it continues to fester. And the security implications of the situation in each of these places – Pakistan, Bangladesh, Sri Lanka and Nepal – should be seen in the light of our ongoing border dispute with China. Unfortunately despite the country facing an unprecedented security crisis on its borders, none of political parties have so far factored any of these concerns in their election manifesto. Though comparisons are not accurate but during the recent election of the US President, foreign policy issues like Iraq and Afghanistan were among the main talking points. India may not have any global ambitions but its immediate vicinity remains its primary concern. One hopes that in the televised and media debates, political leaders are forced to spell out their party policies on the border dispute (and solution) with China and the possible resolution to Kashmir imbroglio, which, like other issues have a direct bearing on national security and politics of states which border them. Such debates will eventually help frame a viable national security doctrine, which now is not only hazy but devoid of the basic structure. In the aftermath of 26/11, the process of setting up a national security agency has been speeded up. Similarly, the process of creating NSG hubs in different parts of the country is underway. But these measures are but half way houses in putting together a national security infrastructure, which would pre-empt and effectively deal with security threats. A slew of measures are necessary. For example, there is need to seal not just the coastal areas but also the land borders, which are still porous, especially with Nepal. Similarly, the long-standing demand of the armed forces to have a coordinated agency in the form of a Chief of Defence Staff for proper and timely response to border hostilities ought to be expedited. Although nuclear weapons as means of resolving issues are unimaginable, with two of our immediate neighbours being nuclear weapon states, a viable command and control structure is imperative to have a credible nuclear and security doctrine.

Discord in uniform

An unfortunate fallout of the Mumbai 26/11 terrorist attack has been that various points of friction between different government agencies, including security forces, that have been festering for long have come into the open. These range from functional issues of command and control to after-effects of the sordid incident in form of awards and rewards. At the same time, old issues of turf, pay and allowances have also come to the fore. A number of retired Army officers have openly aired their views on these issues in the media and also taken to holding protests and rallies. The civilian officers too are angry at efforts to belittle their contribution. All this points to increasing differences between the Army and civilians. Since both sides accuse the other of seeking their own advantage, the issues ought to be discussed threadbare at the highest forums of the government. The alarming security environment around us underlines the need to act quickly. These ought to be the top priority of the incoming government at the Centre. Every career has its peculiarities and is as important as another. But the very fact that the family tradition of a military career is all but withering away and the youth no longer prefer a military career only underlines the fact that neither the peculiarities of the job nor its importance is recognized any more. The very fact that defence personnel, irrespective of the rank, invariably seek second or third jobs after retirement, points to their pecuniary condition. The inequalities in emoluments and status lead to squabbles between the soldiers and civilians also because with the nation in turmoil due to disturbed internal security environment, they are often called upon to rub shoulders with one another. The lowering of protocol equations of the Army officers via-a-vis the civil servants is a cause of friction, especially when the Army takes control of a situation in aid of civil power. In many cases, the government’s lack of foresight has added to this friction. For the prestigious National Defence College (NDC), or example, while usually defence officers with at least 25 to 30 years service are selected, the civilian officers selected for the same course have less than half the service. In the past, this often created a piquant situation when some of the civilian officers sent for the course were ex-short service Army officers! Although defence services too have unfortunately got into the rat race of ranks but their efforts pale before their civilian counterparts. Today, in the order of precedence, not only is a Corps Commander (an officer in the rank of Lt General) and in command of more than 50,000 troops, placed below the state Director General of Police but to all those holding that rank – some states have as many as one dozen DGPs! So also in awards and decorations. Even in the defence services, the VSM series have been devalued and many senior officers have been given these for doing their basic job. Even in the awards for gallantry, Siachen and Kargil came in for special dispensation, despite limited opposition from the enemy. Against three Param Vir Chakra (PVC) in the 1962 war with China, two against Pakistan in 1975 and four during the 1971 war, as many as six PVCs were awarded during the clashes in Siachen and intrusions in Kargil. But this is even more glaring when one looks at the 11 Ashok Chakras (peacetime equivalent of PVC) awarded in the last one year for Mumbai and other incidents. Both these awards – PVC and AC - are not for “putting oneself in the harm’s way”, but for “most conspicuous bravery or an act of daring or pre-eminent valour or self-sacrifice….”. Unfortunately, when governments try to make up for their own failures in preventing such attacks or intrusions with liberal dispensation of awards, they undermine the very act of valour - and the awards. The grudge of the armed forces for having been downgraded in emoluments and status is not without reason. Had successive governments set up separate Pay Commissions for the armed forces or at least ensured their fair representation in the combined Pay Commissions, as demanded, this grudge may have been redressed. Unfortunately, in denying this, the governments failed to recognize the unique place that the Constitution provides to the armed forces. Unlike any other service in the country, the basic fundamental right of speech and expression of a man in olive green is abridged. For example, while a serving IPS officer could air his views in the media on the issues under discussion by calling them his personal views, no defence personnel can do so. This “denial” of rights to the man in olive green, which distinguishes him from other uniforms, is not without reason. Being the nation's last resort, the armed forces have to be "empowered" to deal with any eventuality. To do so, the old thumb rule as penned down by Lord Tennyson in "The Charge of the Light Brigade" still hold good ("Their's not to reason why; Their's but to do and die"). Of course, this "empowerment" ought to be subject to certain foolproof in-built checks, lest some overzealous elements in uniform resort of adventurism. But, this abundant caution should not result in their neglect. Since the Army rank and file is feeling belittled, this is rife with serious implications. It could invite an angry and violent reaction from within its rank and file. Fortunately, the apolitical nature of the Army and the service ethos is holding up. But, at the same time, it could result in demoralization. Either way, the nation would be the loser. If egalitarian values and civilian functioning have to take precedence over somewhat archaic and chivalric values of the military, the military usage has to be minimized not only in dealing with neighbours but also internal disturbances. The only way to "cut the military to size" is to strengthen the democratic value system of equality and social justice. Till such time the armed forces remain fundamental to the nation's entity, they have to be cared for.

Pot versus kettle

Last week, senior Congress leader, Gurcharan Singh Galib quit the Congress party, on whose ticket he had been elected as a Member of Parliament twice, to join the Shiromani Akali Dal (Badal). Though he explained his decision to "sycophancy in the Congress", he was apparently miffed at reports that he would be denied the Congress ticket for the Ludhiana seat again. Besides, he appears to have been promised the SAD (Badal) ticket for the same seat. For the immediate future, this and similar “crossovers” on the eve of polls will have a bearing on the outcome of the forthcoming Lok Sabha polls. However, in the long term, this shows the ideological bankruptcy of the political parties, which, sooner or later, is bound to have a debilitating effect on not only their organizational structure but electoral politics as well.
Though “changeovers” on the eve of polls are a common phenomenon, they seriously dent the image of the parties. In this case, the Congress is a national party, which swears by secularism and socialism, although of late the party has taken a right of center position on economic affairs. On the other hand, the Akali Dal is a religio-political party, whose strength lies in being the principal party of the Sikhs in Punjab. Although of late the party has been at pains to put forward a more secular face, it still leans heavily on the Bhartiya Janata Party to garner the Hindu urban votes in the state. Since 1984, the SAD has been blaming the Congress for Operation Bluestar and also the anti-Sikh carnage that followed in Delhi and elsewhere following the assassination of the then Prime Minister, Indira Gandhi, by her Sikh bodyguards. As Galib dons the Akali blue over the Congress white overnight, what happens to the ideology of the SAD? Similarly, when the Congress allows leaders of the splinter Akali groups, which have a hawkish agenda, to join the party, it not only accepts the party’s lack of ideological commitment but possibly its own dubious role during turbulent times in the state.
Galib’s defection from the Congress to the Akali Dal or vice versa is neither the first nor the last in Punjab. In fact, in the post-Bluestar period, it assumed the shape of a major exodus from the Congress. Among those who left the Congress was Captain Amarinder Singh. However, this could be explained to the peculiar circumstances of the time and the extreme provocation of the defiling of the Sikh sanctum-sanctorum. That later Captain Amarinder Singh not only rejoined the Congress, but that he was elected in the hustling to head the state was indicative of the fact that the people had moved on with the times. Although the Congress lost the last Vidhan Sabha polls in Punjab, its performance especially in the Malwa belt was indicative of the weakening of the grip of the Akali Dal on the Sikh rural masses. At this juncture, while allowing crass turncoats from the Congress to join the party in an effort to add a seat or two in the final tally, could further erode its ambiguous ideological base.
This is in stark contrast to the politics in other democracies of the world. In the US, for example, you have the Democratic and the Republican parties, who are clearly distinguishable by their ideology. While the US Republican party supports a conservative and center-right platform, the Democrats swear by a liberal and socially progressive stance. Of late there has been a churning process on both sides on various issues in the US but defection of senior leaders on eve of polls to contest would be unthinkable and of course unacceptable by the electorate. Of course, political humourists in the US refer to one as evil party and the other a stupid party, with the disagreement being on which is which. Perhaps, in Punjab, there is no disagreement for with every election the ideological distinction between the Congress and the Akali Dal is getting blurred! The process of allegations and counter allegations between the two, which has already started, is like the pot calling the kettle black!
In fact, the ideological base of both the Congress and the Akali Dal in the state has been weakening over the years. Captain Amarinder Singh’s pro-farmer stance and his effort to usurp the panthic agenda of the Akali Dal when he was the Chief Minister, may have given him electoral advantage in the Malwa belt but this cost the party in the Doaba belt. The SAD (Badal) is in a bigger dilemma. It is uncertain on the stance to adopt on panthic issues (with which it has a ongoing conflict with splinter groups within the Akali Dal), including the outdated Anandpur Sahib Resolution. At the same time, it is wavering between the traditional pro-people issues with which the party has been associated and the mega projects, which is a legacy of the Congress regime.
For the SAD the ideological dilemma is directly related to generational politics. The party is in the process of moving from the senior leadership rooted in the religio-political ideology to the next generation committed to a more progressive agenda. Though comparisons are not exactly accurate, this development is reminiscent of what happened in England, where a “New Labour” party has emerged in recent years – moving from the traditional socialist position to the rightist stance, much to the chagrin of the labour classes, though.
Interestingly, in pushing ideological issues to the background, both the Congress and the SAD in Punjab have opted for personality-based politics - Amarinder, Bhattal or KP in the Congress and the Badals' in the SAD. This is entwined with dynastic rule – with more family members of leaders on both sides set to enter the election fray. In doing so, they put the measuring barometer henceforth on development and governance, along with nepotism.

Society in Transition

Last month’s attack on a Mangalore pub by activists of the Shri Rama Sena has been widely criticized by various NGOs and media persons. Since the incident, in which girls were attacked, has been condemned by almost all mainline political parties, one hopes such things will not be repeated. The outrage of NGOs and media persons on the unfortunate incident is timely since the incident is indicative of the increasing intolerance among sections of society and the tendency of some self righteous groups to take law into their own hands. Yet, in doing so, most people appear to be missing the proverbial wood for the trees. The Mangalore incident can’t be seen in isolation. There have been numerous such attacks in the past although not all of them hit the headlines. The annual hullabaloo over Valetine’s Day is only getting fiercer by the year. Besides, almost every day, there are media reports of “honour” killings in various parts of the country. Incidents of intimacy among boys and girls in public places and attempts by police and senior citizens to prevent them are also commonplace. These plus the trend toward live-in relationship that is catching up in metropolitan cities are all indicative of the changing social mores with which Indian society is yet to come to terms. What is happening in India is reminiscent of the pangs of transformation that the West went through from the medieval age to the modernity – passing through Tudor society, Stuart rule, Georgian times and finally the Victorian era. Newspapers, which continue to document transition along with other mediums of communication, became an accepted tool of discourse when invented. It resulted in the passing of the Act of Toleration in UK in the 17th century which gave freedom of worship to nonconformists. However, it was not till early 60s that the first major shift in attitudes came about in the West. In UK, it was when books like D.H. Lawrence’s Lady Chatterley’s Lover, which was first published in 1928, were republished for wider sale that issues of sexual behaviour began to be openly discussed, which forced a relaxation of attitudes. The Establishment began to be challenged and the elders questioned by the youth. Pop music became a form of youth expression and dresses like miniskirt and hot pants were accepted and the Pill for birth control hit the market. The friction that one hears and reads about in India is the result of the pangs of transformation that the society is going through. There is a lot that has indeed changed. Four decades ago, even marriages by choice or love marriages were frowned upon. So also with inter-religion and inter caste marriages. While all these have come to be accepted in many parts of the country, other issues remain. Clearly the social goal posts have changed resulting in fresh confusion and conflict in day-to-day life. Even households steeped in liberal values are confused over issues like homosexuality and intimacy among their own youth leading to live-in relationships. Globalization and faster means of communication and travel is definitely speeding up the process, though low literacy rates in certain parts of the country will continue to impede the process of change. The social, educational and religious organizations, besides the media have a great role to play. But the onus for ensuring a smooth transition lies with the government, which must not only bring about laws that are in tune with the changing times but ensure that these are enforced fiercely. In UK, for example, homosexuality was legalized in 1967 and the Sexual Discrimination Act passed in 1975. The result was that any violation of the law was punished vigorously, forcing a change in attitudes among hardliners. In US, a major factor in the transformation of family relations and gender equations has been the Social Security Act passed in the 1930s. It transformed the family into a voluntary association that hangs together because the members want to hang together and not because financial dependency gives them no other choice. With the family in general ‘easing up’, the matter of children’s dating habits or partner choices became less tense for the parents. We need not necessarily ape the West, yet we can’t be oblivious of its effect on the youth at home. Under the circumstances, it is imperative that the laws are updated. Equipped with antiquated laws, police are often at a loss to take action against self-righteous groups who assume the right of moral policing.

Rewriting Aspirations

The controversy over the Anandpur Sahib Resolution, which threatened to become an election issue, appears to have blown over, at least for now. Since it all emanated from a journalist’s query at the Deputy Chief Minister’s swearing-in and was perhaps unintended, the SAD-BJP government in Punjab was ill at ease over it. This was primarily because the two alliance partners would never find common ground on many of the issues raised in the document. Most Akali Dal leaders too would much rather not talk about the document as it has been a kind of an encumbrance for them ever since it was first passed by its party working committee in 1973 and later formally adopted in 1978. They feel that given the political compulsions, the party could neither adopt and enforce it in letter and spirit nor dump it. A close look at the Resolution suggests that it is outdated and requires a fresh look in thought, content and also approach. It reads like the ranting of a party aggrieved and wronged. And this is not without reason for in 1973 the Akali Dal’s bete noire in the state, the Congress party, had been in power at the Centre without break since independence and Akali Dal has had a long litany of grievances. Although the Akali Dal was in power in Punjab and a member of the few months old Janata Government at the Centre in 1978, not much had changed on ground when the document was finally adopted. Since then Akali Dal has been in power in Punjab at least three times and has been a part of the non-Congress Government at the Centre many a time. And yet nothing changed. A fresh look becomes imperative also because while nothing was achieved from the document, the opposition parties found it convenient to use it to tarnish the image of the party. Some parts of the Anandpur Sahib Resolution are not befitting a recognized political party. It states that it would “strive to propagate Sikhism” and also “streamline the Gurdwara Administration…. “, something that the Shiromani Gurdwara Prabandhak Committee and not a political party professing to be secular, ought to be doing. Some things mentioned in the Resolution such as upgradation of Amritsar airfield to international standard have been achieved. So also the relay of Gurbani from the Golden Temple, Amritsar. Interestingly, the Resolution states that while the “entire cost of the proposed broadcasting project (for relay of Gurbani) would be borne by the Khalsa Panth, its overall control shall vest with the Indian Government.” But would the SGPC allow the control for its relay to vest with the Centre? Some other aspects of the Resolution are in fact contrary to the policies of the current SAD-BJP Government. For example, while the Resolution advocates that “all key industries should be under the private sector” and also there should be progressive “nationalization of transport”, the state is moving head-on towards either privatization or public-private partnerships in all major projects. In fact, many of the things mentioned therein require no clearance from the Centre and fall within the functions of the state government, like “rehabilitating ex-servicemen of the defence departments in civil life”, as mentioned in the Resolution. The Resolution "seeks ban on liquor" and yet the SAD-BJP government, like the Congress governments, has been pushing sales of liquor in the state. Except for the Akali Dal effort for a brief period in mid-80s, hardly any earnest effort on the territorial issue has been made. And the initiative for annulling the river waters accord was taken by Captain Amarinder Singh. There is need for caution on some issues raised in the Resolution, which run counter to uniform laws. It calls for an amendment to the relevant clause in the Hindu Succession Act to enable women to get equal inheritance rights in the properties of her father-in-law instead of the father. Would most women of Punjab today favour such an amendment? Moreover, in the face of globalization, intermingling through wedlock of Sikhs and non-Sikhs and spread of Sikh Diaspora in different parts of the World, should there be a law in vogue for Sikhs, which runs counter to the laws elsewhere and for others? One is not sure if SAD's demand in the document for non-convicted persons having liberty to possess small arms, rifles and carbines through registration and without licence would find many takers today. Many clauses in the Resolution, especially the ones relating to redefining of Centre-State relations and demanding a federal structure, have been aired by other political parties as well and require a wider debate. Yet, at this time restricting Centre’s role to defence, foreign relations, currency and communications appear odd in the face of current threats to national unity. Moreover, things have changed drastically in the past 35 years. For example, the Resolution denounces the foreign policy framed by the Congress, but is the foreign policy of the BJP much different? Anandpur Sahib Resolution advocates a “policy of peace with all neighbouring countries, especially those inhabited by the Sikhs and their sacred shrines” – an obvious reference to Pakistan. But, surely, Punjab can’t have a separate foreign policy, which is at variance with that of the Centre, especially when the document itself accepts the fact that foreign relations should be the calling of the Centre. Clearly, it is time to take a call and re-write the document to make it do-able. It should be in tune with the aspirations of the people of Punjab but without raising hackles of the nation.

Bugbear Is Real

The decision of the Punjab and Haryana governments to purchase sophisticated “off-the-air” mobile phone interception system appears outright unconstitutional and illegal. Sadly, there has not been even a whimper or protest over the move, which could not just curb political dissent but also lead to erosion of civil liberties and rights, as enshrined under the Constitution. While Haryana has already acquired for its police such contraptions costing Rs 7-8 crore, the Punjab State Empowered Committee headed by the Chief Secretary recently approved the purchase of such a system, which can eavesdrop on telephones, besides intercept SMSes. It can listen-in on not only wire and land telephones but also mobile phones. This move of the two states is obviously rife with serious political and civil implications. There have been allegations earlier of the telephones of senior political leaders having been bugged or intercepted. There is no doubt that tapping is provided under Section 5 of the Indian Telegraph Act, 1885, but with certain very clear riders. In fact, when allegations were made in early 1990s, some civil liberties groups moved the Supreme Court. The Apex Court in 1997 laid down that officials could pass an order of interception only after recording its satisfaction that it is necessary or expedient so to do in the interest of sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order or for preventing incitement to the commission of an offence. It is only then that the said authority may pass the order for interception of messages by recording reasons in writing for doing so. The Supreme Court directed that an order on tapping of telephones would not be issued except under authorization by the Home Secretary of the Central Government or of the State Government. The order should indicate the kind of communication that is to be tapped. The order passed by the Home Secretary was to cease to have effect at the end of two months from the date of authorization, although it could be renewed for six months. A further direction was also given that original order would have to be reviewed by a committee consisting of Cabinet Secretary, Law Secretary and Secretary for Telephone Communication at the Central level and also a corresponding committee at the state level and if it considers that there has been a contravention of the Act, it will set aside the order and also destroy copies of intercepted material. In the background of these laid down constitutional safeguards, one is amazed at the indifference being shown in political, official and nonofficial circles of both Punjab and Haryana to the recent move. The nature of the equipment is such that no permission for interception needs to be taken. Since there were reports of the previous Congress Government in Punjab having used such machines to keep a tab on political opponents and others, one hoped that the present SAD-BJP regime would stand up against such illegality. Instead, the government appears to be legalizing the illegality. But for one of the judges of the Punjab and Haryana High Court, the courts appear to have paid no attention to the issue. Do they not realize how sensitive some of their own conversations might be? Would judges like to have third parties monitoring their phone calls? In case the monitoring is unchecked, there could be a tendency to listen-in to not only private telephone conversations but also those of political opponents. In 1970s the US President, Richard Nixon had to resign after it was discovered that his administration had bugged the Democrat Party headquarters in the Watergate Complex in Washington DC. In the USA, the controversial Patriot Act, which was passed in the wake of 9/11 terror attacks, provides unprecedented powers to the state to intercept and search telephone and email communications in order to prevent terrorist activities. But civil liberties groups in US continue to be critical of the Act. One may not favour such an Act in India, but it is unfortunate that the 120-year old Indian Telegraph Act has not been given another look to make it relevant to the present day. It is no secret that armed forces and intelligence agencies regularly monitor mobile calls made from one country to the other. And surely the Americans waded into this long ago. But, the states appear to have neither the need nor the jurisdiction to acquire such sweeping equipment and powers, especially in the light of the SC ruling. Instead, state police ought to be vigilant against private individuals acquiring such equipment. After all, Rs 7-8 crore would not be beyond the paying capacity of a large political party or an industrial house. And if states were to be allowed to acquire such equipment, they will have to put in place a transparent “check system”, which is open to judicial and parliamentary scrutiny. State officials say that the equipment would enable them to track down criminals. They also explain that since securing intercepted data from telecom service providers takes time, the equipment will help them get real-time spot intelligence. On safeguards, they say that the equipment would be strictly under the control of the Intelligence Chief of the state. But the Act and the SC ruling do not provide for eavesdropping on law-breakers through such equipment without specific case-by-case authorization. Besides, since the intelligence chiefs in states are traditionally known to be hand-picked choices of the party in power, fear that the equipment might be misused is entirely justified. The Constitution entails and empowers the courts and the legislative assemblies in states to check on the legality of the move in the light of the existing provisions of the Indian Telegraph Act.

Bogey of the past

Even though the poll process for the forthcoming Lok Sabha elections has not been announced, all political parties are pulsing with hectic activity relating to the hustings. Finding ways and means to counter the price rise, economic downturn and terrorism, besides the pros and cons of the nuclear deal are expected to be the main planks of most parties. Governance of the parties in power in states of course would have an overarching effect on the polls results. In Punjab, however, there are indications of the Shiromani Akali Dal invoking the implementation of the controversial Anandpur Sahib Resolution as a poll issue. Soon after being inducted as the Deputy Chief Minister, Sukhbir Singh Badal told media persons that he would strive for the transfer of Punjabi speaking areas in neighbouring states to Punjab and also fight for Ravi-Beas waters for the state. One would have thought this to be nothing more than a homily put across to silence poking journalists but for the Chief Minister, Parkash Singh Badal stating that the SAD would put the Anandpur Sahib Resolution in perspective before the Bhartiya Janata Party (BJP) and other constituents of the NDA. Whether or not this finally becomes a poll issue, it has livened up the pre-poll scene. Certain state Congressmen have already dubbed the SAD demand as separatist and anti-national.
Political observers are intrigued at SAD’s attempt to bring the Anandpur Resolution to the forefront at this juncture. Some feel that this is to divert attention from the incumbency factor that threatens to go against the party. Others interpret it as an effort to bring the hard-liners back to the fold. Either way, the SAD is unlikely to gain any political mileage from the demand. Frequent power cuts and the crumbling state of most major towns in the state are bound to add to the anti-incumbency factor. The incumbency factor could gain further currency following recent statements of the new Deputy CM, including the one that he would weed out corruption from the state. By so saying, he is in fact admitting that there is wide ranging corruption in the state. The Sikh hard-liners are unlikely to go along with the SAD for they have already accused the SAD of deviating from their stand on the issue. Moreover, since the demand for the implementation of the Resolution from 1980 onwards hurtled the state into such a deadly violent phase, the voters are unlikely to take the bait again.
The Resolution has a chequered history. Adopted by the Working Committee of the SAD way back in 1973, it was finally endorsed in 1978 with a series of resolutions. While some of the demands were innocuous, the main ones included the transfer of Punjabi speaking areas in the nearby states, including Chandigarh to Punjab, and redefining of powers of the Centre. There is no doubt that certain aspects of the document are akin to what many other political parties and states have been demanding. But unfortunately, the document has been politicized in such a manner that it has come to be identified by many with separatism. Besides, SAD’s own track record on the issue is highly dubious for it has done nothing to either remove the misgivings or crystallize the underlying issues.
The only way the contentious document can become a poll plank is by making it relevant to the times. If issues like agricultural pricing (over which the Centre has absolute control), are projected forcefully and other agricultural states taken along, there would be instant voter appeal. Or else why would any area - Punjabi speaking or otherwise - in the cash-rich Haryana today opt for Punjab which is starved of funds? Similarly, in order to make the Union Territory of Chandigarh, which has undergone a demographic metamorphosis over the years, even think of a merger with Punjab, its nearby areas which form the Greater Mohali Development Authority should be made an icon of peace, development and opportunities worthy of emulation.
Also, this is perhaps the most inopportune time to raise the demand for anything like the document under discussion. The SAD government in the state is wholly dependent on BJP support. Since the BJP has made its discomfiture on the issue public many a time, there is no reason for the party leadership to acquiesce to such a demand at this juncture. The demand is also out of tune with the national mood at this point of time. It is significant that despite the bias against the states in fiscal and other matters, in the present constitutional arrangement, such has been the spectre of violence in recent months that there were only a handful of voices of dissent as Centre equipped itself with more powers to combat terrorism, including a national investigative agency. Moreover, since the Centre has once again appointed a Commission to go into the whole gamut of Centre-State relations, most people will argue that those serious about autonomy for states should put forward a foolproof case before the Commission. Instead of allowing the past to cloud its future, the SAD leadership would do well to forge a clear-cut direction for itself for the remaining three years by introspecting on the past two years of rule marked by populism sans substance and dichotomy of power.

Short-changing hopes

The anointing of Sukhbir Singh Badal as Deputy Chief Minister of Punjab, which took place with much fanfare in Amritsar on Wednesday, has drawn completely contradictory responses from different quarters. As expected, Congressmen and leaders of other political parties have been critical of the move on the grounds that it is nothing but a perpetuation of the dynastic rule of the Badal family. However, since most senior leaders of various parties too have lined up their progeny to step into their own shoes, they are shying away from stating the obvious publicly. Reaction within the Shiromani Akali Dal (SAD) is mixed. But, since few in the SAD, if any, worked hard enough in recent years to stake a claim to counter the painstaking efforts of Badal Jr, they have but no option but to 'welcome' the development. The opposition of the predominant section of the state unit of the BJP to Sukhbir's elevation was doused when the BJP's central leadership acquiesced to the change. All this and the disparate state of the state Congress party ensured that Sukhbir's induction was hassle free. But, one wonders at the impact of the move on the party, the coalition, the government and the people at large.
Within the SAD, the move will rejuvenate the younger elements while making the senior leaders and party jathedars squirm. The party's relationship with the BJP in the coming months will depend on the party's showing in the forthcoming Lok Sabha polls. Perhaps one of the possible reasons why the BJP Central leadership endorsed the change is the hope that this would free the senior Badal to campaign aggressively (and possibly contest the Bathinda or Ludhiana seats). With uncertainty looming large over the outcome in the Lok Sabha polls, the BJP leadership would be keen that the SAD not only field their best possible candidates but also spare no effort to get them elected. But, in the current scenario, handing over the Home portfolio to Sukhbir could be construed by the Opposition as an effort to elicit support of the Punjab Police by fair or foul means during elections. In fact, the SAD had during last polls leveled a similar charge against the previous government of Captain Amarinder Singh and his DGP, S.S. Virk. Will Badal Jr's vision for the state's development have a bearing on the forthcoming polls? It could in the long run but at this stage his ambitious plans are at a nascent stage. Besides, unless they are aimed at addressing the real issues concerning the people, they may not translate into votes.
As far as governance is concerned, the change is a half-way house. Since Sukhbir dynamic style of functioning is diametrically opposite of his father's measured way of working, the rank and file of officers will be hard pressed to do the balancing act. Punjab desperately needs a change in
governance. Systems must replace ad-hocism and ubiquitous and unbridled sifarish culture. Perhaps it would have been in the fitness of things if the roles between the two had been reversed – Sukhbir elevated to the post of Chief Minister and his father made the President of the Akali Dal. The
urban cadres could be assuaged by giving BJP the Deputy CM's post. This would have ensured a single chain of command with proper accountability, and a government of the people (and not of the family).
Moreover, was the elaborate celebratory tinge to the three-line oath ceremony function in Amritsar justifiable, especially when the state is reeling under financial bankruptcy and its progress graph is on the downward slide? Power shortages and daily cuts are a way of life, as are deaths stalking the roads. Countless agitations in the state make daily headlines in media. The state's youth, who once formed the sword arm of the country, are steeped in stupor of drugs and other intoxicants. The function surely made many happy, but the moot point is: what would have made the electoral subjects of all hues happy – a function steeped in simplicity or in extravagance? The diesel that fuelled the vehicles
carrying thousands to the rally could have been used to turn power turbines and the money squandered on the public function could have been used to help the cash-starved farmers or the poor.
But you might argue that celebrations are a part of politics. Did not the Democrats gather in style in Washington DC to usher in the era of Barack Obama as President of United States? True and even though comparisons can be odious, there are stark dissimilarities. Unlike Sukhbir and Omar Abdullah now and the likes of Rajiv Gandhi and Om Parkash Chautala earlier, Barack Obama is a first generation politician, who despite the absence of his father for most part of his life, defied all social and racial odds to make it to the top. Besides, since Obama happens to be leader of the richest and the most powerful country in the world, the celebrations during his oath-taking fall in place. Anyway, cutting costs is perhaps the least of the concerns and unfortunately, our brand of democracy is propelled by power play. But this may not last for long. Unless the priorities – both of the family and the state - are re-jigged, the people could in the final analysis end up thinking that they have been short-changed.

Rigorism over reality

The Shiromani Gurdwara Prabandhak Committee has redefined its definition of Sehajdhari Sikhs for submission in the Punjab and Haryana High Court following criticism in some quarters. The Court asked for a definition in the wake of certain students having challenged the denial of admission in SGPC run institutions in the “Sikh category”. However, even the redefined definition falls short of the reality that pervades the Sikh community. The previous definition that courted controversy, defined Sehajdhari Sikh as a person from another religious faith, who was in the process of adopting Sikhism. As per the new definition, a Sehajdhari is the one who believes only in 10 Gurus and the Guru Granth Sahib, performs ceremonies as per Sikh traditions, does not consume tobacco or anything else which is specifically forbidden by the Sikh religion and avoids trimming hair, beard or eyebrows.
The new definition means that all those who believe in the Sikh Gurus and the Guru Granth Sahib and perform ceremonies as per Sikh traditions but are not baptized and also who trim hair, beard or eyebrows, are “patits”. This inter alia creates only two categories of Sikhs – baptized Sikhs (Khalsa) and Sehajdhari Sikhs. Though, this may not have been the intention, but by its definition, which has been endorsed by various Sikh religious bodies and institutions, the SGPC has with one stroke, excluded from the Panth nearly 70 per cent of its cadre.
Even though this writer falls terribly short of adopting the rigours of baptism, one does understand the rigorism of the SGPC in the matter; unless religious norms are enforced strictly, there is a risk of these being dissipated further. But in so doing at this stage when the community in its form and identity is facing a crisis of acceptance in different parts of the world, the SGPC risks alienating many believers. It must also be pointed out that the present state of affairs is partially due to SGPC’s own failure to ensure faithful application of the religious norms among its cadres, forceful and correct projection of its form and values, and change with the times. This is despite its political associate, the Shiromani Akali Dal, having been in power for several stints and in spite of the examples set by the British. For example, though all forms of Sikhs can enlist in the Indian armed forces, only those who strictly follow the Sikh Rehat Maryada (a guide to the Sikh way of life) can enlist in the Sikh Regiment. This practice, which started during the Sikh rule and followed by the British, continued after Partition. Ironically, there is no such stipulation in any wing of Punjab’s own police!
The new definition appears to be oblivious of the harsh reality that prevails today. Why not accept the four categories of Sikhs, as they are? In the first category come the Khalsa, the baptized Sikhs. This undeniably is the most revered category. The second category is that of a Gursikh, who follows the Sikh Rehat Maryada but has not partaken “amrit”. In the third category are those who are born in Sikh homes and who believe in the Guru Granth Sahib and perform all ceremonies as per Sikh rights but are either clean-shaven or clip their hair partially. Most NRIs and rural youth in Punjab would fall in this category. In the fourth category are those who are not born in the Sikh homes but are believers in the Guru Granth Sahib and also perform ceremonies as per Sikh traditions. Their number is on the wane, primarily because this category has been ignored. Since Sikhism as it is today has evolved from Guru Nanak world view, it may not be out of place to remind our religious heads engaged in nit picking on the form of Sikhism of the ideals of the founder who declared "na koi hindu na koi mussalman".
The new definition appears to go beyond the Rehat Maryada as approved by the SGPC in 1945. The Introduction to the Maryada gives the Definition of a Sikh as “any person whose faith is in one God, the Ten Gurus and their teaching and the Adi Granth. In addition he or she must believe in the necessity and importance of amrit (initiation) and must not adhere to any other religion.” Siginificantly, the definition does not set partaking of “amrit” as a pre-condition for being a Sikh. Besides, who can be dubbed a “patit” is debatable. “Patit” by definition is a “lapsed Sikh” – should it include those who are yet to partake “amrit” or those who have erred after partaking “amrit” or both?
Definition apart, by denying a person his or her belief – by birth or resolve - to be a Sikh, the loser would be the community. Already, a large number of people born in Sikh homes have co-opted into other sects and deras. In fact, ways should be devised to get them back into the fold. The new definition mixes up two forms – Sikh and Khalsa. Since the second has evolved from the first, the two are intrinsic. Yet, if one does not qualify to being the second (Khalsa), does one lose the inherent right to be the first (Sikh)? Instead of quibbling over form, the need is to address the two issues that have emerged – of voting in the SGPC and quota admissions to the Sikh institutions. This requires wider deliberation. One could throw the voting and admissions open to all Sikhs (with Singh or Kaur to their names, as mandated in the Maryada) or have quotas for different categories of Sikhs within the existing framework. Narrowing down the definition to accepting only a Khalsa as a Sikh, besides the Sehajdharis, is replete with the risk of at least some among the vast number of believers gradually walking into other faiths or simply losing faith. The choice is between exclusivity and universalism. Incidentally, all those religions which opted for the latter flourished while the ones which embraced exclusivity were gradually marginalised.

POLICY RECOIL ON PAK

Pakistan’s flip-flop on the nationality of Ajmal Amir Kasab, the lone terrorist arrested in Mumbai during attacks, does not come as a surprise to those who have watched the South Asian security scenario for long. It stems out of that nation’s policy of denial – a policy that Pakistan has lived with from its very inception. This policy possibly emanated from the rigours of partition when its very raison d’etre, namely of the division of the Indian sub-continent along religious lines, turned out to be non-starter. More Muslims remained in India than migrated to the newly created state of Pakistan. Faced with irritants like the Kashmir imbroglio with its much bigger neighbour, Pakistan opted for a policy of “subversive denial”, which it has carried on over the years.
It started with the 1947-48 Kashmir operations when Pakistan regular troops joined the irregulars and tribesmen in their effort to wrest the Kashmir Valley. Although an UN-brokered cease-fire came about in early 1949, the sore has continued to fester, manifesting in numerous ways since then. India's defeat at the hands of China in 1962 emboldened Pakistan to again launch its “irregulars” in Kashmir in early August 1965, in what was called Operation Gibraltar. However, the effort soon petered out and came to a naught when India decided to escalate the conflict from the cease-fire line to across the international border further south. In 1971, India turned the tables on Pakistan by means of a brilliantly planned subversive action by the Mukti Bahini, which was aided and abetted by the Indian Army. Pakistan was sliced in two even before it could react effectively on the western front. That Pakistan learnt no lessons from 1948 and 1965 was evident in Kargil when it again played the mujahideen ruse, although it is well known that its regular troops were engaged in occupying strategic heights across the LOC.
Of course, the US can’t absolve itself of its role in allowing Pakistan to institutionalize the mujahideen elements in its war machine. Faced with the Soviet occupation of Afghanistan, it aided, armed and abetted these elements in Afghanistan and Pakistan. In the name of providing moral support to the Kashmir “cause”, Pakistan allowed unlimited militant groups to mushroom, operate and propagate violence, not only at their bases and camps in Pakistan Occupied Kashmir (POK) but also in various parts of Punjab. One remembers how in 1991 while working for India Today magazine, I along with the photographer, Pramod Pushkarna, were led to house in a residential colony in Rawalpindi by elements inimical to the JKLF leader, Ammanullah Khan. In what was apparently a safe-house belonging to JKLF cadre on the outskirts of Rawalpindi, at least two-dozen Kalashnikov-wielding militants had no qualms in getting photographed with Indian journalists. Obviously, the existence of such safe houses with official patronage would not have been oblivious to the US and other western nations. It is only when such elements have become a threat to their interests and citizens and have become a worldwide nuisance that these nations have woken up to the menace.
For Pakistan, literally, the chickens have come home to roost. The “irregulars” in the form of tribesmen or mujahids are not only acting as fifth columnists against their own people (as indicated by terror attacks in various parts of Pakistan) but have come to be a major embarrassment internationally. As the Union Home Minister, P. Chidambaram said, there is no way non-state actors can operate on such scale without official complicity. Pakistan got off the hook during the Indian Parliament attack in 2001, but in Mumbai, where foreigners were among those killed, it obviously shot itself in the foot. The outright denial immediately after Mumbai attacks, followed by hairsplitting and partial acceptance subsequently point to the bind that Pakistan finds itself in.
Yet, it must be accepted that since subversion as a means of furthering its interests has not only been a part of Pakistan’s state policy and accepted even by the US, albeit in pursuit of its own interests, there is no way the policy can be jettisoned overnight by its rulers without the risk of being overthrown. Elements believing in this form of warfare would be deeply entrenched in various echelons of the Pakistan establishment. An honest introspection would show that in adopting the policy of irregular warfare, Pakistan miscalculated two important factors: mass support and the need to maintain momentum. In fact this explains why India succeeded in erstwhile East Pakistan and Pakistan came a cropper repeatedly. It is for exactly the same reasons (besides the added element of international pressure) why its latest policy of escalating terror strikes from Kashmir valley to other parts of India has little chance of success. The pressure must continue to be mounted so that the Pak Establishment is forced to see reason and treat the Mumbai incidents as a watershed and adopt de novo policy of straight talk and action – for its own good and for co-existence in the region.

CORRECTIVE JUSTICE

Although the long awaited amendments to the Code of Criminal Procedure (CrPC), which have been passed by the Parliament, will give the criminal judicial system the much needed human face, these would remain a half-way house till they are matched by police reforms in the states. Some of the amendments, which were introduced in the Parliament nearly three years ago, met with stiff opposition from lawyers across the country. This forced the government to refer them to a Standing Committee of Parliament. A few of the controversial clauses were subsequently dropped. This included the clause requiring an accused seeking anticipatory bail to subject himself to the court, where he risked being arrested by police on rejection of his application.
The amendments will drastically reduce the powers of the police to arrest the accused even for cognizable offences for which the punishment is less than seven years. For non-cognizable offences, no arrests can be made, except under a warrant or an order of the magistrate. There are also some reason-recording obligations while making arrests (the reasons for arrest have to be recorded in writing). In the context of Punjab, this will have far reaching implications; the police have a time honoured practice of arresting a man’s family members, especially mother, sister etc. to compel him to surrender! The extent to which the new obligations will be enforceable – from the point of view of law and order and also judicially, remains to be seen. Yet, what it does mean is that mere suspicion, as a ground for arrest will not do. Moreover, the amendment will check the tendency of many in the police to arrest a person out of a desire to extort, avenge, pressurise or harass, or on political directions.
Although other provisions like video recording of statements will bring about a measure of transparency in the criminal justice system, they don't go far enough. The statements of witnesses should be sworn before a magistrate and recorded in writing. This is not within the ambit of the CrPC but a really crying need is change in the law on perjury. The law must be such as to deter people who testify something in court and then turn ‘hostile’. At present this doesn’t even earn them a slap on the wrist, leave alone a jail term or a fine. For the common citizen, who is often the victim of circumstances, the clause making compensation mandatory in certain cases will be welcome. This amendment in the form of an addition to an existing clause would require all state governments to prepare a scheme in coordination with the Central Government for providing funds for compensation to the victim or his/ her dependents. Victims will be entitled to receive compensation if the offender is not caught and tried for the crime. This would put the onus on the government to catch and try the criminal or pay reparation in monetary terms to the victim.
The amendments are really path-breaking for victims of rape, a scourge that continues to haunt our society. The amendment bestows upon the victim of a crime the right to file an appeal against a court order acquitting the accused or convicting the accused of a lesser offence. For this, the victim would not have to seek permission of any law enforcement or prosecuting agency (as of now, appeals can be filed only if the prosecution so decides). The proposed amendment makes it mandatory for the police to complete investigation in a child rape case within a set time-frame from the date on which the case is registered. Another amendment states that rape cases are to be investigated by women police officers and also heard as far as possible by woman judges. These were hopefully spare further agony of rape victims.
There would be many of course, who would argue that these measures which only amount to tinkering with the system will make only a marginal, if any difference to the dismal state of affairs. They urge the need for making a major departure from the adversarial or the inquisitorial civil law tradition and the need to bring in the accusatorial system, which has of late been adopted by many countries. In the latter system, evidence gathered at the investigative stage is usually not permissible and instead only the evidence presented in a public hearing where the right of confrontation is granted is acceptable. However, it would be premature to move in this direction at this stage. Given the heavy backlog, it would be difficult for the judges to get to the truth on the basis of arguments alone during the trial period.
Yet, the amended Code would remain on paper unless the police as a law-enforcing agency are geared to implement its various clauses in letter and spirit. Despite the Supreme Court directives a few months ago, many states are still dragging their feet in bringing about the much-required police reforms. In fact, these reforms will have to be taken forward to ensure that the policemen at the cutting edge are not just educated on the new provisions but also trained to enforce them. In order to make the people aware of their rights in the light of the amendments, states should involve the village panchayats at the grassroots level.
The amendments should also be seen in the light of some other recent developments. Since a new National Investigative Agency with unprecedented powers has come about, besides anti-terror laws having been put in place in certain states like Maharashtra, it would be necessary to have a system of checks and balances in place, especially in states so that the security forces don’t use these to harass the common man on grounds of mere suspicion. That would be a self-defeating exercise and negate the amendments in the CrPC. It would be tantamount to taking away with one hand what is given by the other.