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.