Final india legal 30 november 2014 by India Legal

LEILA SETH

NITHARI MURDERS

SPECIAL PROFILE

NDIA EGAL I L A Suitable Judge

Exclusive interview with the condemned man

Modiâ&#x20AC;&#x2122;s Man Friday Manohar Parrikar

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November 30, 2014

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IS HE NUTS?

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After taking a potshot at the press, Gandhi son-in-law Robert Vadra is back under the spotlight for murky business dealings. A peep into the future 14

PLUS PUCKER POWER

Smooch for freedom 42

CATHOLIC CHURCH

Divorce, remarriage, gay marriage, live-ins take the stage 62

SPECIAL

CONGRESS PARTY

Bhavdeep Kang diagnoses the death wish

LETTER FROM THE EDITOR

INDERJIT BADHWAR

HOW MANY LIFETIMES BEFORE WE GET A VERDICT? hen a powerful, high profile advocate like KTS Tulsi goes on record—publicly on national TV— to state that the country’s judges need crash courses on how to handle and dispose of criminal cases, and that more often than not, political interference causes unforgiveable delays, he is just not playing up to the cameras as he is sometimes accused of doing. And this criticism gains more weight when former Justice SN Dhingra adds that “case after case is delayed because one party has money,” or the judge has no specialization. Both argue that there is an urgent need to pass legislation calling for time-bound trial. This is as good a place as any for Prime Minister Modi to start in his quest for judicial reform, which is now a priority item not only for judges and the executive but also a public demand. According to several estimates there are about 150,000 murder cases pending in the country’s courts as well as some 80,000 cases involving rape. It is small wonder, then, that people are questioning the judiciary. The most recent example of this horror story is the further deferment of the dramatic, power-packed LN Mishra case, in which a verdict was expected on November 10. But that date has come and gone and 40 years on—yes that’s f-o-r-t-y, 40, the case still drags on. For those who may have forgotten, Lalit Narayan Mishra was the Railway Minister under Prime Minister Indira Gandhi in 1975. In his official capacity he visited Samastipur on January 2, 1975, to declare open the Samastipur-Muzaffarpur broad gauge railway line. A bomb explosion on the dais seriously injured him. He was rushed to the railway hospital at Danapur, where he died next day. As usual conspiracy theories around the killing flew fast and furious. Some whispered that people close to the PM, who feared Mishra’s growing fund-raising clout within the party wanted him out of the way. Others blamed the Anand Marg sect, whose leaders had been prosecuted by the government. Nearly 40 years hence, the case has been pending in the

lower courts. On December 16, 2011, the Supreme Court took cognizance and issued a notice to the CBI demanding an explanation about why the case had dragged on for so long. One of the defendants in the case is an advocate, arrested when he was 27 years old. Now in his mid-sixties, he has suffered a heart attack. Of the 39 defence witnesses cited by him to prove his innocence, 31 have died and as many as 22 judges have handled the trial at various stages.

here were many questions raised after Mishra’s death. Many of them pointed a needle of suspicion at deliberate negligence on the part of authorities. For example, why was the wounded Mishra taken from Samastipur to a small railway hospital in Danapur almost 150 kms away when better medical facilities were available just 30 minutes away at Darbhangha? Also, why wasn’t the train carrying him made to stop at Patna where he could have received better medical care? Why was he put on an ordinary passenger train when railway ministers have personal saloon cars at their disposal? It was also alleged that the train was held up at several places, delaying treatment that could have saved Mishra. No postmortem was ever carried out on his body. The probe in his death still remains unresolved. Earlier, the apex court in August 2012 refused to entertain a plea from the accused that the proceedings be terminated because they had not been concluded in the past 37 years. The apex court directed the trial court not to entertain any plea for unwarranted adjournment. District Judge Vinod Goel, who will pronounce on the case in mid-December, is obviously not in an enviable position. He will be carrying on his back—through no fault of his own—the burden of institutional impediments, which should have been removed from the path of smooth judicial functioning many decades back.

editor@indialegalonline.com INDIA LEGAL November 30, 2014

NOVEMBER 30, 2014

VOLUME. VIII

ISSUE. 06

Editor-in-Chief Inderjit Badhwar Managing Editor Ramesh Menon Deputy Managing Editor Shobha John Senior Editor Vishwas Kumar Contributing Editor Girish Nikam Associate Editor Meha Mathur Deputy Editor Prabir Biswas Assistant Editor Somi Das Art Director Anthony Lawrence Senior Visualizer Amitava Sen Graphic Designer Lalit Khitoliya Photographer Anil Shakya News Coordinator/Photo Researcher Kh Manglembi Devi Production Pawan Kumar Verma

LEAD

Sonia’s Achilles’ heel

Congress president’s son-in-law Robert Vadra’s real estate dealings in DLF and other properties have a negative impact on the party already in the dumps, write VISHWAS KUMAR and SHAILENDRA SINGH

CFO Anand Raj Singh VP (HR & General Administration) Lokesh C Sharma Director (Marketing) Raju Sarin GM (Sales & Marketing) Naveen Tandon-09717121002 DGM (Sales & Marketing) Feroz Akhtar-09650052100 Marketing Associate Ggarima Rai For advertising & subscription queries sales@indialegalonline.com

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November 30, 2014

NATIONAL POLITICS

Defeated, and in denial

The grand old party of Indian politics, Congress is unable to come to grips with new realities and prefers to cling to its USP, the dynasty, notwithstanding severe electoral setbacks. BHAVDEEP KANG analyzes the malaise

PROFILE

Man Friday

Modi’s choice to head the sensitive defense ministry is Manohar Parrikar, Goa’s “common man” chief minister. VIVEK MENEZES profiles the man CRIME

A horror tale, revisited Eight years after mass murders of children in Nithari, SHANTANU GUHA RAY talks to parents who are still trying to pick up threads of life, to know whether justice failed them. Plus an exclusive interview with Surinder Singh Koli, awaiting execution in the case

Content1_Document2.qxd 18-11-2014 06:46 PM Page 3

SOCIETY

The S-word

BIKRAM VOHRA takes a dig at the great Indian upper and middle classes for the way we treat those who keep our households going—the domestic workers

STRATEGIC AFFAIRS

Uneasy partners

Will China honor international protocols to help India in case of a terror attack using its soil? If not, what is the purpose of joint military exercises between the two countries? COL R HARIHARAN answers

Wooing Vietnam

A movement that started in the traditional backwaters of Kerala is spreading across India. TK DEVASIA writes about the struggle of youth against moral guardians BOOKS

For inclusive justice

In her book Talking of Justice, Leila Seth underlines the need for a more humane approach towards women, Muslims and gays in the judiciary. A review by RASHME SEHGAL

58 Hands tied, 68 GLOBAL TRENDS

India’s plans to provide military assistance to the South East Asian country has annoyed China, which feels India is challenging its hegemony in the South China Sea. An analysis by SEEMA GUHA RELIGION

Catholic at the Crossroads

Pope Francis attempts to herald unprecedented changes in the Church’s attitude towards divorce, gays and remarriage. JACOB GEORGE assesses whether he will succeed in altering the very basis of what this faith stands for?

REGULARS

A Liplock for freedom

they rule the world

Contrary to what voters believe, US presidents operate under a whole lot of restrictions in framing policies, says GEORGE FRIEDMAN

INTERVIEW RAJSHRI RAI talks to Justice TNK Singh, executive chairman, Meghalaya State Legal Services Authority

Letters…..............................................................................................6 Ringside ..........................… ................................................................7 Quote-Unquote ...............… ................................................................8 Supreme Court..................................................................................10 Courts................................................................................................12 Briefs .................................................................................................80 Wordly-wise .......................................................................................81 People ...............................................................................................82

Cover Design: ANTHONY LAWRENCE Cover Photos: SANTABANTA.COM

INDIA LEGAL November 30, 2014

LETTERS Outdated law Glad that India legal has run the article “Death Wish” (November 15, 2014) focusing on the perilous issue of suicide, especially among adolescents. The statistics given in the story are worrisome but definitely an eye-opener. The Modi government, which has shown interest in doing away with outdated laws, should take a relook at laws related to suicide. They need help and not punishment. — Prithvi Yadama, New Delhi

Let truth prevail Ever since it came into being, the Right to Information has exposed the corruption in government departments, and made them accountable to the public. Considering the high-handed attitude of our netas and bureaucrats, it was not surprising to read your story, “Tough Act to Follow”. They can go to any extent to suppress the truth, even if that means snuffing out lives. My heart goes to all those who met death for exposing these “weeds” who have eaten into the vitals of our country. — Arun Swaroop, Delhi

Whither constitution! Reference to your story, “Cry the beloved country!” (November 15, 2014), I could not agree more to the observations made by HK Dua. He is spot on in saying that the three pillars of our democracy have failed to live up to the expectations and vision of the framers of constitution. True, the social, political and economic milieu are not the same as it were at the time of partition, but the powers enshrined in these institutions in 1950 were enough to make India an enviable country to live in. All three have misused their powers, institutionalized corruption, nepotism, parochialism, and vote-bank politics. The constitution itself has been amended innumerable times to suit the narrow interests of politicians. —Rajesh Singh, Noida

Tone up the judicial system India Legal is the only magazine that touches upon burning issues, especially legal ones, which are not being paid attention to by the government. The magazine must take up the onus of evaluating the performance of judicial magistrate first class (JMFC) and family courts. Huge number of petitions is pending at these courts due to frivolous adjournments. This is nothing but travesty of justice. India Legal should put pressure on the government to form a separate body to evaluate and assess the work of judicial magistrates. The judiciary should also be made an essential civic facility offering service round-the-clock. This will not only provide more employment but there will be speedy justice, cases will not pile up and the work pressure on judges will also come down. The number of courts and the staff strength in them should also be increased. Compare the number of courts vis-à-vis population in India with that in the US and the speed with which cases are solved in that country. Their judicial machinery is well-oiled and delivers judgments quickly. The way the advocates and lawyers function in courts and their questionable behaviour are also areas of concern. —Rajesh R Niwal, Pune

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November 30, 2014

Please email your letters to: editor@indialegalonline.com Or write to us at: India Legal, ENC Network, A-9, Sector 68, Gautam Buddh Nagar, Noida (UP) - 201309

Aruna

VERDICT “It is forbidden to kill; therefore all murderers are punished unless they kill in large numbers and to the sound of trumpets.” — Voltaire

INDIA LEGAL November 30, 2014

QUOTE-UNQUOTE

“It remains inexplicable as to why the government continues to want to hold equity stakes in certain sectors or companies…” —HDFC Chairman Deepak Parekh, on center’s reluctance to divest BSNL and Air India. The Times of India

“The Big Bang, which today we hold to be the origin of the world, does not contradict the intervention of the divine creator, but rather requires it. Evolution in nature is not inconsistent with the notion of creation....” —Pope Francis, claiming that scientific theories are compatible with Catholic doctrine. Daily Mail

“Bringing back black money is an article of faith for me. Every penny belonging to the poor which has gone out of the country should come back.” —Prime Minister Narendra Modi, during his radio address to the nation, Mann ki Baat

“Chappell had come to see me at home and… suggested that I should take over the captaincy from Rahul. I was shocked to hear him say that ‘together we could control Indian cricket for years’.” Sachin Tendulkar, writing about former India coach Greg Chappell in his autobiography Playing it My Way.

November 30, 2014

“I have a directive to be ruthless… I have the backing.” —Maharashtra CM Devendra Fadnavis on curbing corruption. The Times of India

“HNY is the most nonsensical film I’ve seen in recent years. I watched it only because Abhishek was part of it. I can’t be part of what is being done in films these days….” —Jaya Bachchan, talking about Happy New Year at the Tata Literature Live fest in Mumbai

“You will only agree with the vision if it is put to practice… That hasn’t happened as yet.” —Former Delhi CM Sheila Dikshit, on Modi’s style of governance. The Economic Times

“I believe West Indies cricket will be alive. I don’t think anybody has the intention to end our game.” —West Indian batsman Brian Lara, on BCCI’s stringent action against the West Indies Cricket Board

“We need a… center where we gather success stories and best practices from across the world and use them not just in India but everywhere.” —Nobel laureate Kailash Satyarthi, on the need for a global policy institute for child rights

SUPREME COURT

Attention Railways he Supreme Court has been keeping a close tab on the steps being taken by the Railways to ensure that railway crossings do not remain unmanned. It reiterated its commitment to the safety and security of passengers recently, while taking up a PIL on this issue. Issuing notices to the center and the Railways, the court also

appointed a senior lawyer as amicus curiae to help it study the problem in detail. The PIL pointed out that 40 percent of the railway crossings in India have no guards, leading to a large number of mishaps and deaths. As high as 60 percent accidents and 73 percent fatalities on railway crossings every year occur on account of unmanned railway crossings. It drew the attention of the court to the fact that little had been done by the Railways to deploy guards at the crossings. Illustrations: Aruna

Action for illegal money

he NDA government was compelled to disclose the names of 627 Indians who have illegal accounts in foreign banks, after the apex cour t asked it to submit all information at its disposal. It rejected the contention of the center that mere revealing of names without any action taken will only throttle

November 30, 2014

the flow of information from foreign sources, and squarely blamed it for shielding account holders. Rejecting the center’s plea for modifying its earlier order to provide all names, a three-judge bench stated that the center must share names and the SIT would decide the further course of action. The court also said that the center was playing up the “confidentiality clause”. The bench said that it didn’t want money from India to be parked abroad and the center shouldn’t assure foreign countries that names will be kept secret. The apex court has been keeping a close tab on probe into black money since 2009. The court will complete the investigation by March 31, 2015.

Fast and precise t is often an onerous task for people not versed in law to decipher judgments often running into hundreds of pages. The apex court judges feel that text-heavy verdicts are needless in cases where legal provisions have been clearly laid down by the highest court of the land. The judges believe that litigants find it hard to comprehend long verdicts and the purpose of law is defeated. They appreciate that what constitutes the bedrock of an efficient justice delivery system is crisp judgments, delivered quickly. The goal is to address the huge backlog of cases in the higher judiciary. The judges are also veering round to the viewpoint that lengthy arguments by senior advocates on small disputes delay judgments in many cases, which can simply and quickly be wrapped up only on facts unearthed. A consensus is emerging that there should be a fixed time-limit for arguments, where the case is complex.

Shelters for all

Concerned over Ganga

very year, freezing cold in north India claims lives of hundreds of homeless people, who are forced to spend chilly nights on footpaths and pavements. Inadequate number of permanent shelter homes is the primary reason. The apex court has time and again pointed out that right to shelter is a fundamental right and states must take up building night shelters on a war footing. Taking note of the apathetic attitude of several states, the apex court recently warned the governments of Uttar Pradesh, Delhi, Haryana, Rajasthan and Himachal Pradesh to build enough shelter homes. They should be prepared to face tough action, if the job is not done before cold weather sets in, a bench ruled. To send across the right message, the bench declared that court commissioners will be dispatched to assess the progress at ground zero.

he apex court’s pressure on the center and states to take immediate remedial steps to clean up Ganga continues. Realizing that the concerned state pollution boards and the central government have failed to prevent industrial units from releasing pollutants into the river, the court has asked the National Green Tribunal (NGT) to take charge of the situation. It has permitted the NGT to cut-off water and electricity connections of the polluting units and ensure they shut shop. The tribunal will have to file its report on the action taken every six months. Blaming it on institutional failure, the court said the boards couldn’t be entrusted with the task. The next hearing is on December 10.

A relook at defamation JP leader Subramanium Swamy’s plea that the legal provision of criminal defamation be struck down, as it violates the right to freedom of speech and expression, was taken up by the apex court. A two-judge bench apprised the Tamil Nadu government and the center of the issue, while staying proceedings of all such cases filed against him by AIADMK leader J Jayalalithaa in the Chennai sessions court.

Rebuff to Nalini alini Sriharan’s plea for early release from prison did not cut ice with the apex court, which refused to consider her petition. Convicted in the Rajiv Gandhi assassination case, Nalini had questioned Section 435 of CrPC which says that

the state must take the center into confidence before putting an end to the jail term of a life convict. Fathima Beevi, the-then Tamil Nadu governor, had commuted Nalini’s death sentence into life imprisonment in April 2000. She is currently lodged in Vellore Central Prison, Tamil Nadu, and has completed 23 years in jail.

No special favors for employees f retired government servants feel they are immune to any departmental proceedings, they need to think again. The apex court said if employees are found guilty of grave misconduct and negligence during their service period, they could be in line for action, even if they have superannuated. If it is found that they had brought financial loss to the government, the money could be recovered from them. The court rejected the Calcutta High Court’s order that action could be taken against government employees only if they had caused monetary loss to the nation.

INDIA LEGAL November 30, 2014

COURTS

Acquitted of rape man convicted by the trial court on charges of raping and murdering a 60-year-old woman under the influence of alcohol was set free by the Delhi High Court. The trial court had sentenced him to life imprisonment. He allegedly consumed liquor and had forced himself upon her, leading to her death. Relying on the post-mortem report that revealed that the woman too had consumed alcohol, the court observed that one there was nothing to prove that the man was aware that the sexual intercourse would lead to her death. It also felt that there was no clinching evidence to show that he wanted her to die. The court also felt that there was no proof to show that the intercourse was against the consent of the woman, even though it was forceful.

Office order is sacrosanct entral Industrial Security Force (CISF) personnel can’t carry more than `20 while on duty, the Bombay High Court said while vindicating a move initiated by the paramilitary force. CISF had issued a circular in this regard in 2007. The court observed that the step was a good initiative to control illegal gratification, which could also lead to security lapse at critical locations manned by guards. The court passed the judgment while hearing a plea by a CISF constable. He was initially removed from service by CISF for illegal gratification after `500 was found on him while on duty at Jawaharlal Nehru Port Trust at Navi Mumbai. He was later compulsorily retired with full pension. Since the constable had violated the circular but illegal gratification could not be proved against him, the court ordered his reinstatement without back wages from the date he was asked to retire.

November 30, 2014

Insanity can’t be an excuse

ection 84 of the Indian Penal Code can no longer be used as a bulwark against conviction if it is found that the offense was done consciously, a trial court ruled recently. The section says that a person can’t be convicted for an offense, howsoever serious, if he is mentally unstable, and can’t figure out the gravity of his action. Dismissing the plea of a schizophrenic beggar, who sought acquittal under the section, the court pronounced seven-year rigorous imprisonment, as well as fined him for killing another beggar. The court said merely proving that a person is mentally sick was not enough to let him go scot free for an offense. It ruled that all evidence indicated that the action was deliberate.

Misusing PIL he Delhi High Court has fined an NGO for misusing a PIL to seek action against Delhi Police officials. The NGO pointed out that they were protecting a rapist. Observing that the alleged victim had tagged on to a PIL to bolster her case, the court felt that it was a criminal case being given the garb of a PIL, which should only deal with issues of public interest, and not personal matters of a citizen. It even cast doubts on the intentions of the victim who took the PIL route for redressal of her grievances and expressed displeasure over unsubstantiated allegations leveled by the NGO against a SHO.

Batting for clean India he judiciary seems to have taken up the cause of Clean India Campaign, so close to prime minister Narendra Modi’s heart. Censuring the civic agencies of Delhi for only offering lip service to the cause, the Delhi High Court said that nothing was

Illustrations: UdayShankar

being done to remove the unthinkable garbage and filth lying in the Chandni Chowk area of the capital. The court was reacting to the pictures shown to it by the Vyapar Mandal (trader association). It asked the commissioner of North Delhi Municipal Corporation and PWD secretary to give an undertaking that the area will be cleaned.

STUDENT PROTESTS Do they change the laws?

SMRITI IRANI: s? Violating ethic ZZZ LQGLDOHJDORQOLQH FRP

JUSTICE MANJUNATH Victim of vendetta? 12

Continuing fallo from Modiâ&#x20AC;&#x2122;s US ut visit

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November 15, 2014

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Bhopal victimsâ&#x20AC;&#x2122; legal agony

Vishal Bhardwajâ&#x20AC;&#x2122;s craftsmanship 78

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October 31, 2014

www.indialega

lonline.com

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STORIES THAT COUNT

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PLUS

BIKRAM VOHRA on Indian racism 30 RASHME SEHGAL on rising suicides 68 ALSO

MOO FOR ME Shantanu Guha Ray analyzes whether the Modi

STORIES

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The CBI appears to be turning the P Chidambaram heat on and wife Naliniâ&#x20AC;&#x201D; both top lawyers 20

ALSO

CYBER URIT License SEC to invadeY: 46 LAW GRA Confusin DS: g future 74 ISI MANEUV ERS:Why border is lighting up Indo-Pak 38

GLOBAL

How oil com are rigging panies WR PD[LP wages L]H SURĂ&#x20AC;WV 64

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LEAD/ controversy / robert vadra

SONIAâ&#x20AC;&#x2122;S ACH

November 30, 2014

the congress president’s son-in-law, robert vadra, is facing heat over murky land deals. what made it possible for the gandhi family to enter into the lucrative property market?

ILLES’ HEEL By Vishwas Kumar

HE last ten years have seen a meteoric rise in the fortunes of the Gandhi family. This has been linked to large-scale property deals. Before this, no Gandhi family member was involved in property deals to the extent seen now. So, what happened post the 2004 electoral success of the Congress party that saw the Gandhi family’s entry into murky land deals? Speaking to a cross-section of people who know the Gandhi family or have watched it closely, India Legal tried to piece together the story of its son-in-law and the disrepute brought to it.

QUICK-RICH MODEL Documents released by India Against Corruption and the BJP reveal that UPA chairperson Sonia Gandhi’s son-in-law, Robert Vadra, entered into land deals after the Congress came to power in 2004. So lucrative was this business that it saw his companies’ real estate value growing from a few lakhs to around `300 crore in less than ten years. It naturally attracted the attention of other politi-

cal parties who mocked it by calling it the “getrich-quick model of the damaad shree”. In fact, with the heat on him increasing, Vadra is in the process of winding up some of his businesses. According to official filings with the Registrar of Companies, he has moved to shut down six of the 12 companies that he controls as director. And these controversial land deals are obviously a touchy issue with him. Recently, when a reporter asked him about it, he lashed out asking: “I mean, Are you serious? Are you serious? Are you serious? Are you serious?” As he scowled at the reporter, he shoved the microphone away, and walked off saying: “Are you nuts? What is wrong with you?” All this was captured by camera and repeatedly shown by news channels. Though the Congress may insist that these deals had nothing to do with the party itself, political opponents allege that it was because of “10 Janpath” (Sonia’s official residence) that Vadra’s could earn “super profits” in ten years through land deals carried out in Haryana and Rajasthan, the Congress-ruled states. Let’s go back in time to examine the factors INDIA LEGAL November 30, 2014

LEAD/ controversy / robert vadra

The real-estate value of Vadra’s companies grew from a few lakhs to around `300 crore in less than 10 years. It attracted attention. that prompted the Gandhi family to enter the property business. During the general elections of 2004, Sonia, as Congress president, led it to a resounding victory. She showed political maturity by cobbling together a coalition government and tactfully anointed Dr Manmohan Singh as prime minister, brushing aside her party’s overwhelming call to occupy the prime minister’s (PM) chair. Nonetheless, she kept an iron-like grip over the party and through it, the government. It had been 15 years since the last Gandhi was in power—her late husband Rajiv Gandhi was PM till 1989—and she was now at the helm of affairs.

How to be a Richie Rich This is a lesson one can learn from Robert Vadra, who, with a little help from his friends and the Hooda regime, has become a rich man By Shailendra Singh

he nexus between politically well-connected Indians, business houses and state governments to usurp government land is nothing new. But when the value of this land runs into crores and the Indian in question is UPA chairperson Sonia Gandhi’s son-in-law, eyebrows will be raised. In Vadra’s case, rules were flouted with impunity and without any adherence to law. AAP chief Arvind Kejriwal and IAS officer Ashok Khemka were among the few people who had the guts to question this deal openly. It was on October 5, 2012 that Kejriwal and lawyer Prashant Bhushan held a press conference alleging that Vadra had purchased at least 31 properties worth over `300 crore for which money came from “unsecured

November 30, 2014

interest-free loans” from real-estate firm DLF Ltd. It was further alleged that the properties were purchased at prices far below market rates. This was reportedly done with the connivance of Haryana’s Congress government under Bhupinder Singh Hooda. The party, incidentally, lost the October assembly polls to the BJP. The allegations regarding this land deal are as follows. SMART MOVE As per information available on social media, it has been alleged that Skylight Hospitality Pvt Ltd, which is owned by Vadra, purchased 3.5 acres of land at a prime location—just off NH 8 in Sikhohpur village in Gurgaon, Haryana— through Omkareshwar Properties and

issued a “fictitious” cheque for `7.5 crore. Strangely, the bank account of Skylight had only `1 lakh at that time. Under these circumstances, if Vadra had issued a cheque of `7.5 crore it would have raised suspicions. To avoid this, Vadra is likely to have requested Omkareshwar Properties not to present the cheque till such time that he could arrange enough cash in his account. But in reality, the Corporation Bank cheque bearing No 607251 for `7.5 crore, which was mentioned in sale deed No 4928 of 12.02.2008 did not belong to Skylight Hospitality. It is likely that a fictitious cheque number (was it DLFs?) was shown by the company with the full consent and knowledge of DLF to enable it to get the title of the land legally as Skylight Hospitality did not have the money to pay the full amount of `7.95 core (land cost of Rs 7.5 crore plus stamp duty of `45 lakh) at the time of registration. Meanwhile, the deed stated that the stamp duty of `45 lakh was paid by Omkareshwar Properties instead of Skylight Hospitality. This amounts to

SUCCESSION PLANS Meanwhile, Sonia’s family members too had grown up. Her son, Rahul, and son-in-law, Robert Vadra, were settled in business, while Priyanka was raising her two children. While Rahul was running an outsourcing firm (called Backops, now closed), Vadra was exporting brass products through a company named Artex Exports. With Sonia firmly in control

UNHOLY NEXUS Did DLF, along with the Hooda government in Haryana, help Vadra in his lucrative land business in 2007?

registration, objected to this and submitted a report against it to the district collector of Gurgaon. However, his report was rejected and sanction given to the said deal.

making false statements, which is punishable under Section 82 of the Registration Act. Consequently, the balance sheet of Skylight Hospitality showed an overdraft of `7,94,00,000. It might have been done to show that Skylight Hospitality had enough of funds in its account, as the cheque for `7.5 crore was never presented for payment. As far as the remaining `1 lakh, no one knows anything about it. NO INVESTMENT Vadra entered into an agreement to sell this land to DLF itself for `58 crore after two months. He began receiving money from them in instalments. The first instalment came in June 2008, by which time, payment was made to Omkareshwar Properties. In other words, Vadra’s company began receiving money into its account without investing any of its own funds to buy the land. When DLF’s role into the whole issue came under the scanner, it tried to clear its name by saying that it had not given any unsecured loan to Vadra for favors and that it had transparent dealings with

him as an individual entrepreneur. The DLF statement said that it had given `65 crore as “business advances”, out of which `15 crore was fully refunded and `50 crore was used for purchasing land. All this would not have been possible without the connivance of the Congress government in Haryana at that time. Out of the 3.5 acres “purchased” by Skylight Hospitality, 0.75 acres did not fall in the area which could be used for residential and commercial purposes. But the Congress government overlooked laws and allowed the 0.75 acres to be used for residential and commercial purposes. Ashok Khemka, who was Haryana director-general, land holdings and land records-cum-inspector-general of

JUMPING THE QUEUE Another rule which was flouted by the Hooda government was that the 3.5 acres of land should have been allotted on a “first come-first serve basis”. But the land was allotted to Vadra, whose application was 16th in queue. Unfortunately, Khemka had to pay a price for raising his voice against Vadra as he was transferred. During his 80-day tenure in the land records office, he had unearthed several scams, particularly in Gurgaon and Faridabad, where valuable panchayat and forest lands were being usurped by powerful land sharks with the apparent complicity of authorities and by misusing the provisions of the Consolidation Act. Though the Haryana government tried to clear its own name by forming a three-member committee to probe into the charges against the Vadra-DLF land deal, it neither named Vadra nor DLF. With a BJP government coming to power in Haryana and saying it would probe this deal, it could lead to serious consequences. If the charges are found to be true, it would attract Section 7 to 16 of the Prevention of Corruption Act, 1988, and 171-B of the Indian Penal Code too.Tough times ahead for the Gandhi family? —The author is an advocate in Supreme Court and Delhi High Court

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LEAD/ controversy / robert vadra

There are too many coincidences linking Vadra’s land deals to the Congress. Firstly, the property dealer accompanying him for land surveys belonged to the Congress. Secondly, all deals were in states ruled by Congress.

of the Congress party, it was time to make future “succession” plans and chart a course of action for her immediate family members— Rahul, Priyanka and Robert. She consulted a few of her close friends to settle the knotty issue of who should be her “anointed” political heir? What role should Priyanka play? Where would Robert fit into the scheme of things? Sources say she was keen to settle these issues in such a fashion that there would be no room for confusion and rivalry later. She zeroed in on Rahul to be her political heir. It was also decided that he would never join the government and would wait till he could become prime minister in case the party got enough seats. Priyanka’s immediate priority, sources say, was to remain with her two children. She was also given the responsibility of helping Sonia and Rahul in managing their respective parliamentary constituencies in UP whenever

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she could find time. It was also made clear to Robert, sources say, that he should not nurse any political ambition. However, the family would lend all “support” to his business activities. This, as was later found out, included land deals. CONNIVING PARTIES However, a full-fledged real estate business would require land to be first purchased either from farmers, government or private parties. Then, it would require construction of residential or commercial projects on them, which would be sold to customers. But as that would be cumbersome and take time, Vadra entered the property market in a more simpler way, hoping it would be anonymous and where he didn’t need to deal with too many customers. But this was easier said than done. Land deals require political clout to avoid legal disputes arising out of ownerships issues. Moreover, to quickly multiply the value of agricultural land, it would need to be changed to residential or commercial. Infra-structure around the land would also need to be developed by the government to make it suitable for “commercial exploitation”. A combination of three factors—luck, money and connections—would see the fruition of these dreams. And Vadra, it seemed, had all three. In 2004, property prices were sky-rocketing, fuelled by the construction boom. Stories of land-owners becoming millionaires and billionaires overnight were common. The biggest construction boom was going on in Gurgaon and nearby areas and was spearheaded by DLF, one of the largest real estate developers, headed by KP Singh, an old Gandhi family friend. As luck would have it, the Congress party came to power in Haryana in 2005 with a full majority and Bhupinder Singh Hooda became the CM. As Vadra’s fortunes soared, his land deal businesses

became very profitable. From 2007 onwards, his companies purchased lands near Gurgaon at dirt cheap rates from farmers through “local property dealers”. While Haryana government obliged him by changing the “land use” of these properties, DLF purchased these lands from Vadra’s companies. The money thus earned was used to purchase more land and commercial and residential properties in DLF-constructed projects. SHAM TRANSACTION Documents reveal that Vadra established his first real estate company within three years of the Congress Party coming to power at the center. His Skylight Hospitality Private Ltd was started on November 1, 2007, with `1 lakh equity capital. In February 2008, the company registered its first purchase—3.531 acres of agriculture land in village Sikhohpur, Gurgaon, for `7.5 crore—by making payment through cheque. It later turned out to be a sham transaction. (see box: “How to be a Richie Rich”). But Vadra’s goose seems cooked now as the new BJP government in Haryana of Manohar Lal Khattar is now looking into his land deals, along with several others carried out during Hooda’s regime. However, it is a moot question whether Vadra carried out the land deals without the knowledge of the Gandhi family. The Congress party has tried to keep its distance from Vadra’s deals by saying that he is a “private citizen” and his business dealings were not part of the Gandhi family businesses. It is true that Vadra was in business— exporting brass products through his company Artex—even before he married Priyanka in 1997. The company did modest business, but it was enough to lead a decent life. But was it lucrative enough for Vadra to enter into the highly profitable land business in 2007? Documents reveal that he could not have done so without “help” from the Hooda government and DLF. There are too many coincidences which link these deals to the Congress party. Firstly, sources allege, a property dealer who would accompany Vadra during the survey of lands to be purchased, belonged to the Congress party. Secondly, none of Vadra’s companies ever carried land deals in any non-Congress-ruled state. This is contrary to normal business prac-

tices of any property or real estate company, said a property expert, as such companies would do business wherever their projects have buyers. CROSSING THE LINE Nonetheless, when Vadra married into the Gandhi family, his relatives were told not to misuse the “family’s name”. When some of his family members crossed the line, they were publicly declared persona non grata. In 2001, four years after his marriage, Vadra placed a notice in newspapers publicly disowning his father, Rajinder Vadra, and brother, Richard Vadra, for allegedly using their proximity to him to promise people jobs. Both are now dead. The notice left everyone shocked, including Congressmen, but this was Vadra’s way of proving his loyalty to his in-laws. The Gandhi’s have been very sensitive to their family name or connections being used by people known to them. As one businessman closely associated with the family pointed out: “No one can get away by using the Gandhi’s name for profit, until it is authorized. However, even those authorized to use the name or their influence should be prepared to be dumped, at least publicly, so that the family’s name keeps shining.” But what happens when such a person is the son-in-law? IL

POWER GAMES (Above) It is believed that Vadra was assured full support in all his business activities by the Gandhi family, and these included land deals (Facing page) Vadra’s company exporting brass products did modest business, but was enough for him to lead a decent life

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NATIONAL POLITICS/ indian national congress

highs and lows in politics are common. but the repeated decimation of this party in various elections makes one wonder if it is on the cusp of extinction and reinvention By Bhavdeep Kang

Is the Grand OLD Party OVER? W

HEN the Indian National Congress lost its deposit at the venue of its birth—Gowalia Tank in Mumbai’s Malabar Hill assembly segment, where 72 eminent citizens had founded the party on December 28, 1885— no one took notice in the face of the party’s comprehensive drubbing in the Maharashtra assembly elections. It was a byte of trivia forgotten except, perhaps, by that wise old Congress historian on Raisina Hill. The disconnect with its own history emphasizes the party’s current dilemma: having long since frittered away the advantages of its colonial heritage— leadership, identification with Independence, a pan-Indian organization, control over state resources and a fragmented opposition—the Congress now stands at the cusp of extinction and reinvention. The Congress response to the outcome of the Maharashtra assembly elections reveals the party’s growing insouciance vis-a-vis its voters and grassroots

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workers. Former state chief minister Prithviraj Chavan was censured after the defeat, not for having lost Maharashtra, but for having dared to publicly acknowledge that he had not been able to take action against corrupt colleagues. The fact that he had convincingly won his own seat and had parleyed his clean image into a respectable 43 seats in the Vidhan Sabha—against the 16 predicted by doomsayers—mattered not one whit to the outraged party satraps. Nor did anyone mention Congress vicepresident Rahul Gandhi in the context of the electoral defeat. His conduct during campaigning, when he reportedly took off from Pune without bothering to meet the local Congress nominees who had been summoned from their constituencies specifically for an audience with him, was met with a resigned shrug from the partymen, rather than outrage. Partymen have come to accept the heir appar-

So desperate are Congressmen for the reassuring cloak of dynasty, that Varun Gandhi’s name is being floated as a possible inductee! ent’s bratty behavior and flash disappearances as a matter of course. YOUNG TURKS Across the board, regardless of seniority and hierarchy, the diagnosis of what ails the Congress party is the same: Rahul Gandhi. Hardcore family loyalists tend to qualify it a bit by saying the coterie around Rahul is the problem. The fact that the heir apparent’s magnificent seven—Mohan Gopal, Madhusudan Mistry, Mohan Prakash, Bhanwar Jitendra Singh, Kanishk Singh, Sachin Rao and Kopulla Raju—continue to enjoy his

DESERTED IN DEFEAT? (Below) A desolate Congress headquarters in New Delhi on October 19, the day the Maharashtra and Haryana assembly results were declared (Facing page) Rahul Gandhi with Madhusudan Mistry, one of the “Magnificent Seven” coterie

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NATIONAL POLITICS/ indian national congress

The diagnosis of what ails the Congress party is the same: Rahul Gandhi. The fact that the heir apparent’s magnificent seven continue to enjoy his confidence after having scripted electoral disasters, is a continuing source of angst for partymen.

COSTLY SNUB Udai Pratap Singh (right) with Madhya Pradesh Chief Minister Shivraj Singh Chouhan (center) on the occasion of his joining the BJP. His move to the BJP upon being denied the Hoshangabad ticket cost the Congress dear in the 2013 assembly elections and the 2014 Lok Sabha elections

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confidence after having scripted electoral disaster after disaster, is a continuing source of angst for partymen. In the wake of the 2014 general elections, Rahul’s peculiar mix of “NGO-wallahs” and “statisticians and analysts” came in for flak from Congress youngsters like Milind Deora and RPN Singh, who blamed them for the party’s lack of communication and failure to connect with the voter. Congressmen talked around Rahul, speaking of Narendra Modi’s inspired leadership (in unspoken contrast to Rahul’s) and the party’s credibility gap vis-avis minority voters. A visible gulf appeared between Team Sonia, also known as the old guard and Team Rahul, or the young Turks. Senior leader Digvijay Singh took the bull by the horns when he said the Congress VP needed to be more visible and vocal, but was shouted down by the young Turks. Fourteen of them dashed off a letter to AICC general secretary Janardhan Dwivedi demanding that senior party leaders—Dwivedi included—quit for criticizing their fearless leader. Former Kerala minister TH Mustafa went a league further and dared to apostrophize Rahul as a “joker” who should quit forthwith and make way for

his far more dynamic sister. He was, naturally, suspended from the party. It is grossly unfair to lay the blame for the party’s decimation solely at Rahul’s door. The process of decline started much earlier, when internal party democracy gradually gave way to durbar politics. Factionalism became increasingly difficult to manage with the consolidation of the dynasty, leading to the exit of influential leaders: VP Singh in 1989, GK Moopanar in 1996, Mamata Banerjee in 1998 and Sharad Pawar in 1999. Lack of internal democracy meant that a politician could not hope to get ahead in the party organization through elections. If he did not enjoy the patronage of power brokers, who recruited and promoted their own clients in the manner of senators in ancient Rome, he had no option but to leave. DURBAR POLITICS Centralization of power led to a withering away of the party organization at the field level. If durbar politics meant that upward mobility stemmed from being a courtier rather than a grassroots leader, there was little point in wooing the loyalty of party workers or even

having a vigorous party unit at the block level. It also meant that leaders of emerging social groups could not be accommodated and thus, they preferred to form their own parties. If the aspirations of dalit leaders could not be met in the Brahmin-dominated Uttar Pradesh Congress, they looked to the Bahujan Samaj Party. Likewise, the OBCs looked to the Yadavs in the Hindi heartland. It is the malaise of patronage that Rahul— by all accounts, a bright guy in closed-door interactions but hopelessly incomprehensible in public—wants to address through free, fair and transparent organizational elections. That he means business is evident from the appointment of Mullappally Ramachandran to head the party’s Central Election Authority. Will elections “reinvigorate and rejuvenate” the party? Congressman Pawan Khera, aide to former Delhi CM Sheila Dikshit, says that “holding primaries to select party candidates for the Lok Sabha certainly enthused and engaged party workers”. The current party structure is feudal—a clutch of satraps dominate the state, with welldefined areas of influence. Occasionally, they may cooperate with each other for mutual benefit, such as distribution of party tickets during elections. The block and district level Congress committees and even area MPs have little or no say in the process. In Telangana and Andhra Pradesh, where assembly elections

STEADY EROSION Senior Congressmen left the Congress at different points of time, eroding its democratic nature—VP Singh (above left) in 1989, Mamata Banerjee (above right) in 1998 and Sharad Pawar (left) in 1999

were held simultaneously with the Lok Sabha, even stalwarts like former Union ministers V Kishore Chandra Deo and Jaipal Reddy could not get nominees of their choice—a major reason for their defeat. The story of Udai Pratap Singh of Hoshangabad is a classic example. As the sitting Congress MP, he found himself bypassed in the selection of candidates for the 2013 assembly elections in Madhya Pradesh, courtesy Suresh Pachauri, a 10, Janpath durbari with no mass base. Piqued, he quit and joined the BJP, taking the entire district-level Congress with him. The Grand Old Party lost every INDIA LEGAL November 30, 2014

NATIONAL POLITICS/ indian national congress

BACK TO THEIR ORIGINAL CALLING While Jairam Ramesh (above) is busy with lecture tours, Kapil Sibal (right), P Chidambaram (extreme right) and Salman Khursheed (facing page) have returned to their lucrative legal practices, leaving little time for party work

assembly seat in Hoshangabad (Pachauriâ&#x20AC;&#x2122;s included) and eight months later, lost the Lok Sabha seat as well! KERALAâ&#x20AC;&#x2122;S ROBUSTNESS Given the current Congress culture of sycophancy and patronage, is internal democracy even possible? AICC general secretary BK Hariprasad believes it is and points to the Kerala Pradesh Congress Committee (KPCC), arguably its most robust unit, with a tradition of internal democracy. The KPCC has over 30 active organizations, runs its own TV channel

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and relies on selection rather than nomination of candidates (MP from Thiruvananthapuram Shashi Tharoor being a notable exception). The largest Congress contingent in parliament other than Karnataka is from Kerala. On the other hand, the Kerala unit is the most vocal of Pradesh Congress Committees. It roundly criticized Rahul Gandhi after the Lok Sabha debacle, on one occasion for having needlessly criticized Narendra Modi! The hostility towards Rahul is seen partly as a reaction to his having appointed VM Sudheeran as KPCC chief earlier this year, over the objections of the state unit. Thus, internal democracy stops where dynasty begins. Author and political analyst Rasheed Kidwai says that logically, internal democracy would imply an election for the post of Congress president as well. So far, elections to the Congress Working Committee have been something of a farce, as the voters—AICC members—“belong” to some satrap or the other, who in turn, owes his position to the party president. Thus, the nominee of the party president always wins. CLINGING TO DYNASTY Besides, the Congress continues to regard dynasty as indispensable to its integrity and the first family to regard the Congress as—to quote a senior party leader—its “private limited company”. Suggest a Congress without a NehruGandhi at the helm and Congressmen feel naked. So desperate are they for the reassuring cloak of dynasty, that Varun Gandhi’s name is being floated as a possible inductee! His troubles in the BJP are public knowledge and his lineage impeccable; he is, after all, the grandson of Indira Gandhi. But senior Congressmen admit that supplanting the anaemic Rahul with his red-blooded cousin is wishful thinking. By and large, there is resigned acceptance that the party will have to learn to live with Rahul .

The party fails to grasp that the masses are indifferent to “isms” and couldn’t care less about socialism versus the free market; all they want is good governance. Priyanka Gandhi, the great white hope of the party, continues to run backroom operations from her brother’s Tughlaq Lane residence. Her confidantes say she is unlikely to assume an active role in politics for the next few years, citing three reasons. First, she would be “wasted”, given Narendra Modi’s overwhelming popularity. Second, she does not want to be seen as an alternative to Rahul. Third, the Haryana government’s proposed investigation into Robert Vadra’s land deals is worrisome, although party lawyers insist there’s no evidence of legal wrongdoing, however morally questionable it might have been. The party is awaiting a reshuffle of the AICC and appointment of PCC chiefs, which will indicate whether party veterans have any place in Rahul’s scheme of things. Further troubles may be in store for the party if they are not accommodated and splits in state units, such as Chhattisgarh, occur. Meanwhile, the erstwhile stars of the Anil Shakya

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NATIONAL POLITICS/ indian national congress comeback. This isn’t strictly true. The Congress suffered a steady erosion after peaking in 1984. Although it did manage three full terms in power thereafter, two of these were in coalition and the third was a minority government.

ORIGINS FORGOTTEN Gowalia Tank, now August Kranti Maidan, where the Congress was founded in 1885

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UPA have occupied themselves with apolitical work and are rarely seen at 24, Akbar Road, the party headquarters. Salman Khursheed, P Chidambaram and Kapil Sibal have resumed highly successful law practices and are busy remodeling their homes and offices, while Jairam Ramesh is a popular figure on the lecture tour in the US. Why this profound indifference? Does it arise from a feeling that they no longer have a stake in the party, given Rahul’s evident disdain for them? Or is it a conviction that, burdened with a tired dynasty, an out-of-sync ideology and a feudal party structure, the Congress has reached the point of no return? No such thing, says Sibal, who is now ensconced in a residence far more luxurious than any Cabinet minister’s. He feels the party’s fundamentals are as strong as ever, but it must pick and choose its ground. Prime Minister Modi will continue to romance the public for a year or so but will eventually trip up, offering the Congress an opportunity to launch public campaigns against the BJP government, he says. That pretty much typifies the Congress attitude of waiting for the other guy to make a mistake. After all, goes the anodyne argument, they’ve been badly off before and have staged a

PRO-POOR & PRO-MINORITY In terms of ideology and overall strategy, former Union minister AK Antony had tentatively suggested that the party needed to rethink minorityism, that is, its aggressive pro-Muslim stance. The party made haste to clarify that the remark had been made in the context of Kerala alone. The Congress will continue to espouse big-tent liberalism and position itself as aggressively pro-poor and prominority, as opposed to the BJP (which it dubs pro-corporate and anti-minority). Unable to find a new idiom in which to address young voters, the party proposes to continue with garibi hatao and minority bachao, speaking the language of patronage to voters who want empowerment. Nor is it able to define its economic position, caught between accusations of mindless welfarism and crony capitalism. Most of all, it fails to grasp that the masses are indifferent to “isms” and couldn’t care less about socialism versus the free market; all they want is good governance. Most of all, the Congress has failed to truly understand Modi. Unlike previous nonCongress PMs, he is not interested in power alone, he seeks to alter the nation’s political DNA as a whole. When he speaks of a “Congress-mukt” Bharat, he refers not only to the party but to a mindset. The political right has already begun permeating the public discourse and for the first time, it’s edging out the left-liberal intellectual elite traditionally aligned with the Congress. Gowalia Tank, where the grand old party was born, is now buried under the August Kranti Maidan, where Mahatma Gandhi launched the Quit India Movement in 1942. A metaphor for the core essence of the Congress, buried under the trappings of dynasty. IL

PROFILE/ manohar parrikar

GOA’S COMMON MAN this tiny state’s first-ever cabinet minister has many similarities with modi. his performance as cm provides a salutary lesson in what to expect from modi’s prime ministership

By Vivek Menezes

ANOHAR Parrikar has been a behind-thescenes powerhouse in the BJP ranks for over a decade, as well as one of the most prominent and long-time supporters of PM Narendra Modi. But most Indians’ first impression of the genial, salt-and-pepperhaired Goan politician came from the tears that welled up in his eyes during the press conference announcing that he had accepted the job of defense minister. “It is very difficult for me to leave the

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state,” he said, “I will go with a heavy heart.” Parrikar’s promotion into the highest echelons of national politics has been predicted and expected ever since the BJP won its sweeping mandate earlier this year. Part of the reason is his reputation for integrity: India’s defense ministry is the world’s largest arms importer, and scams and scandals have plagued it for decades. Another big factor is the IIT-Bombay graduate’s competence and efficiency, virtues that Modi has sought to project as talismanic in his governance. But the main reasons for Parrikar’s rise to the center as Goa’s first-ever cabinet minister can be found in the multiple synchronicities and connections between his career and the unexpected rise of Modi within the BJP and then across India’s electoral landscape. It is his relationship with Parrikar that has led the PM to repeatedly refer to India’s smallest state as a kind of personal lucky charm (his first visit outside Delhi as PM was to Goa). And the Modi wave in Indian politics was presaged identically by a Parrikar-led BJP wave in Goa. OLD CONQUESTS Manohar Gopalkrishna Prabhu Parrikar was born in 1955 in Mapusa, a bustling market town in North Goa, when it was still part of the Portuguese Estado da India. That part of Goa belongs to the Velhas Conquistas, the “Old Conquests” which constitute the very first European intrusion into Asia, and remained a Portuguese territory from the early 16th century right till 1961. That’s when Nehru finally lost patience with negotiations and sent in Indian troops to conquer and annex the last remaining colonial “teardrop on the face of India”. Goa’s laureate Bakibab Borkar wrote about his countrymen at the time: “The kinship and co-operation forged unto them by the aesthetic impact of Goa’s rich scenery taught them the art of living in peace and friendship, and inspired them to strive for nobler ideals. They amalgamated into a single society, with one common language and one cultural heritage.” But the political climate after 1961 laid bare deep divisions and sectarian conflicts.

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Despite Nehru et al, the Congress found no support—Goans simply did not share the same history as the rest of India. Instead, two regional parties fought for control: the Maharashtrawadi Gomantak Party (MGP) with massive support from the previously disenfranchised rural majority (and a mandate to seek merger with Maharashtra), and the United Goans Party backed by most Catholics (which sought to preserve Goa’s unique identity). Interestingly, the MGP held power for almost two decades (Catholics are only 30 percent of the state population), but the merger for Maharashtra was defeated in a historic referendum that paved the way for Goa to become a state. All through Manohar Parrikar’s childhood, in a pattern that persists today, most of the top schools in Goa had links to the Catholic Church. His parents, like many other Konkani Brahmin families, sought to underlie the Catholic school education with a bedrock of Hindu revivalism via the Rashtriya Swayamsevak Sangh (RSS)—at the time still a Konkani-speaking Chitpavan Brahmin-dominated organization. Even before he got into IIT, Parrikar had become a mukhya shikshak (chief instructor). Goa became a state in 1989, the same year he returned from Bombay to become a very young sanghchalak (local director). Just

GREAT EXPECTATIONS (Above) Parrikar being received in his office in New Delhi after taking over as union defense minister (Facing page) Defense Minister Manohar Parrikar addressing a press conference after filing his Rajya Sabha nomination in Lucknow

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PROFILE/ manohar parrikar

THE MAN AMONG THE MASS The image of a down-to-earth politician has endeared Parrikar to Goans. He frequents rustic eateries and is happy to ride on the back of a scooter

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five years later, in 1994, he was elected to the legislative assembly, where he has dominated the proceedings. SQUABBLING FACTIONS At that time, Goa’s politics were a national laughing stock. Desertions and government collapses were routine. Between 1990 and 2002, 13 separate governments ruled the state. A free-for-all prevailed as squabbling regional factions and a deeply cynical Congress overlooked the quiet, steady emergence of the BJP. First, Parrikar had only four colleagues with him in the legislature. By 2000, when he became chief minister for the first time, there were more than a dozen. In 2002, the BJP won 17 seats, and Parrikar emerged as the paramount politician of his generation in Goa. Though he later lost his chair to another set of defections, and led the BJP to defeat against the Congress in 2007, Parrikar retained tremendous support across the state. He gets uncommon affection from

Goa’s voters, regardless of religion, caste or economic background. Long before Arvind Kejriwal drew admiration for his modest mien, Parrikar’s identity in politics was firmly established as a short-sleeves-and-sandalswearing common man, content to ride economy class or even on the back of a scooter. A widower since 1990, (his wife Medha succumbed to cancer) he famously frequents rustic roadside stalls for snacks and meals. But within the BJP, the Goan became increasingly identified as standard-bearer of a younger generation that could catapult the party past the Congress. After the party suffered humiliating setbacks at the polls in 2009, it was Parrikar who bluntly started to make the case for his long-time RSS buddy, Modi, versus the aloof, patrician LK Advani. “Pickle tastes good when it is left to mature for a year. But if you keep it for more than two years, it turns rancid. Advaniji’s period is more or less over,” he is said to have remarked. But Advani’s hold on the party he led for so many years was not very easy to

loosen. Parrikar had to again speak up forcefully at the national executive meeting of BJP in 2013, which was held in his home constituency of Panjim, repeatedly telling the national media that he could easily detect a growing national clamor for Modi to be the face of the BJP. SIMILAR TO MODI By this time, Parrikar had become one of the main spokesmen for the RSS-BJP combine, having won the state spectacularly for his party in 2012. In an uncannily similar fashion to Modi’s win on the national stage this year, the BJP in Goa thrashed all opposition and won an unprecedented comfortable majority. What is more, Parrikar managed to unite Catholics and Hindus, upper and lower castes, rural and urban populations. As in Modi’s win in 2014, the voters seemed to set aside ideology and past experiences to vote for good governance, cleaner politics and efficient administration. But great expectations in politics have a way of leading directly to disappointment. And so, the details of Parrikar’s performance as the dominant CM of Goa, provide a salutary lesson in what to expect from Modi’s prime ministership in the coming years. Both started with endearing gestures— Parrikar dismissed his security cover, Modi wept when entering parliament. But the record of the past two-and-a-half-years in Goa shows that Parrikar immediately backtracked on most of his election promises and rhetoric. Also, he has spent much time pushing big-budget, scam-tainted projects like the proposed Mopa airport, while adamantly backing cronies, such as the owners of the deeply unpopular “offshore” casinos in the Mandovi River. Perhaps, most worryingly for Parrikar’s Goa—and by extension Modi’s India—is the degree of power that has become invested in

The main reasons for Parrikar’s rise to the center as Goa’s first-ever cabinet minister can be found in the multiple synchronicities and connections between his career and the rise of Modi within the BJP and across India’s electoral landscape. one single pair of hands at the top. After he was re-elected in 2012, Parrikar kept five crucial portfolios for himself: finance, home, town and country planning, mining and education. All the important businesses of the Goa government filtered through his office. The result is an administrative bottleneck with preferred bureaucrats wielding extraordinary power, and everyone else reduced to petitioners. The government, elected on Parrikar’s promise of “zero-corruption”, now rates among India’s worst when it comes to bribes required to get anything done. Despite persistent support for the mining lobby that looted Goa for a decade, and cheerleading for a dubious second airport and prominent friendship with casino tycoons, Parrikar still retains considerable affection from a broad majority of people in Goa. Most insist that he does the best he can in difficult circumstances. If he can maintain that knack, he could easily emerge as one of the most popular ministers in Delhi, and a strong candidate to succeed Modi. IL

AIMING FOR CENTER? Being a Goan, Parrikar’s love for football is natural

INDIA LEGAL November 30, 2014

CRIME/ nithari murders

SILENCE OF THE LAMBS parents of kids whose bodies were found in the “house of horrors” are devastated and angry. they insist questions about an organ trade racket need to be answered By Shantanu Guha Ray in Nithari, Noida

near pauper Anil Halder sits expressionless on a slice of land close to Noida’s expensive golf course. He has flowers to sell, a rickety auto-rickshaw for company and a nightmare never far from his mind. Halder is the father of Rimpa, one of the first victims of the Nithari murders, India’s biggest reported case of organ trade coupled with streaks of cannibalism that made headlines on December 30, 2006. His house is two miles away from D-5, a single-storey home once described as “India’s House of Horror” in Noida’s obscure Nithari neighbourhood, which is full of ironmonger stores. A devastating fire in early October this year turned the dilapidated bungalow once again into a gawping destination for its neighbours, years after severed torsos, eyeless heads and rumors of cannibalism had turned it into a veritable hellhole. Halder did not visit the home to see the raging blaze that destroyed D-5, a house once inhabited by Moninder Pandher and his

November 30, 2014

servant Surinder Koli, both accused in abduction, rape and murder of 17 children. Sitting close to his wife in his single room home, Halder remembers having spent a little over `15 lakh in court and lawyers’ fees, and smashing— in sheer disgust—Molotov cocktails on cars carrying local police officers. He is firmly reconciled to the fact that the poor get no justice in India. “I do not trust anyone, not even the Gods,” says Halder. Seconds later, he breaks down into a paroxysm of sobbing. DEVASTATED FAMILIES After Rimpa’s murder, Halder says he is lucky to be alive, and working. His wife, Dolly, is a chronic neurotic patient who has to be tied to bed during fits. Unable to face the trauma, one son has returned to their ancestral village in Bengal’s Nadia district, while another son, now in class XI, vividly remembers those nightmarish days and is unable to concentrate on his studies. He mostly spends time attending to his mother. “This is my life. And what I see is that Pandher, the main accused, is out on a bail, and the execution of Koli has been stayed again by a court in Allahabad,” says Halder. In Mangrukhal village in Almora district of Uttarakhand, 68-year-old Kunti Devi, Koli’s mother, says she would let the law take its course. “If it is proved that he killed the children, he should be hanged. But I refused to give my thumb impression on his death petition after the President rejected his mercy plea. No

mother can do it. I will not do it,” says Devi, who met Koli at Meerut Jail two months ago. The Koli family is in total disarray, with his brothers refusing to meet him either in jail or in court because of the social stigma. Halder is not interested in Koli’s family. He is on the other side of the fence, a father of a murdered victim. He says he still thinks about everything that could have possibly happened to his daughter. If she had lived, she would have been studying and getting high marks in school, and then, in college. But she was murdered. Halder does not know how. He thinks and weeps silently. A helpless Rimpa could have been raped, then murdered, her body butchered, some parts sold to organ doctors, and then, the leftover portions dumped. “A strong sense of helplessness grips me, I have coped very poorly all these years,” says Halder, occasionally reminding that no one should knock his door at Nithari uninvited. “My wife will abuse, even kill you with a boti (a cutting instrument prevalent in Bengal).” As per cases filed in various north Indian courts, 17 children were killed, possibly raped, and organs removed during 2005-2006 in

It is a living hell, so difficult because we will never know the answers. This case will drag on. We will never get a closure. — Anil Halder, father of a victim

MAN-EATERS IN NITHARI? (L-R) Moninder Singh Pandher and Surinder Koli. Large number of human body parts of missing kids of Nithari were found from Pandher’s bungalow in NOIDA, sparking suspicion of cannibalism, besides organ trade INDIA LEGAL November 30, 2014

CRIME/ nithari murders

Photos: Nishant Goel

LIFE-LONG NIGHTMARE (L-R) Jhabbu Lal and his wife Sarita, whose daughter’s remains were recovered from the terrace of D-5

November 30, 2014

Nithari. In some cases, it was alleged that both Koli and Pandher froze portions of the bodies and eventually cooked them for a meal. But the charges have not been proved in a court of law. Halder, who continues to blame the cops for messing up the case with shoddy investigation —a charge proved by a Tehelka sting operation that confirmed that cops had accepted bribes from Pandher to destroy what could have been clinching evidence—says he does not believe the accused indulged in acts of cannibalism. “No parent believed that theory, only reporters from news channels did,” says Halder, convinced that the accused were into a thriving organ trade and required regular supplies of bodies. Rimpa was 14 when she vanished. She was studious and left home for a tuition, never to return. He searched for her everywhere, returning home tired and dejected every evening. By that time, a few more boys and girls had disappeared from the neighborhood. Like the winter smog that hangs over north India, a pall of gloom hung over Nithari for nearly a year. Where are our children, everyone asked? Hired soothsayers filled their own pockets with cash and did some ritualistic mumbo jumbo. Some parents even went to the venerated shrine of Vaishno Devi and sought blessings

from the cave goddess. But the end result was blank. The wait was getting long and was very, very frustrating. Then, one morning, all the parents gathered together and spent three hours taking a head count of Nithari’s missing children. They calculated 35. Many shuddered at the thought of them being trafficked, even as the women wailed inconsolably. On December 29, 2006, Halder accompanied cops who had traced the handset of another missing teenager. It led them to D-5, Pandher’s home that—ironically— was next to that of a lawyer. The house had nicely decorated rooms. The cops found nothing except cartoons of expensive whisky. The fridge was stuffed with marinated fish and chicken; it seemed the owner had a party a day. DREADED DISCOVERY And then, a cop said he found something inside a huge dustbin on the roof: a few severed heads, including one of the last girl who went missing. Rimpa’s clothes, crumpled in a trunk, were also found on the roof. Halder then fainted on seeing something else: blood-stained bangles worn by Rimpa. He then found her clothes. DNA test of the blood samples eventually confirmed what he dreaded: they were Rimpa’s bangles. Horror

engulfed Halder’s home without warning. “I knew she was gone. My world crashed,” says the tormented father. Every day, when he drives his auto-rickshaw past the dilapidated house of Pandher, now covered with wild shrubs and bushes, Halder calls it Bhibhishikar Baari or House of Horrors. “I wanted to know what he did to my daughter,” says Halder. He thinks about Rimpa every day; it’s a nightmare that never goes away. “It is a living hell, so difficult because we will never know the answers. This case will drag on. Despite what other people say, we will never get a closure,” he says helplessly. WAITING FOR JUSTICE Since those horrifying days, normalcy has somewhat returned to Nithari. Working under a makeshift shaft that guards him from the heat and rains, Jhabbu Lal, a presswallah, says he is hoping against hope to get justice in the case. Like Halder, he too lost his daughter, Jyoti, to the House of Horrors. If she had lived, she would have studied to be a doctor and worked among the poorest of the poor. Lal remembers the night a raging blaze destroyed D-5. He desperately wanted to make sense of the blaze. It seemed to him that someone was trying to destroy what could be “crucial evidence hidden under the floor of the house”. To him, the house had not lost its notoriety and could offer more answers. “I was out of my senses. It seemed to me that Pandher and Koli were sitting there and sipping my daughter’s blood to gain immortality,” says Lal. Sarita Devi, his wife, says, “My husband still believes our daughter is there, somewhere under the floorboards.” Pandher is out on bail, probably on pilgrimage across India. And in faraway Allahabad, a court stayed the execution of Koli, his petition already rejected by the Supreme Court. The trials, arguably, have been sensational. Troubled by shoddy investigation by the police in Nithari, the UP government on January 3, 2007, dismissed six police personnel and suspended three senior officers. Those suspended that time were SSP Piyush Mordia, who was SSP Noida, ASP Saumitra Yadav and Circle Officer Sewak Ram Yadav. Also dismissed were former chowki in-charges at Nithari—Rajvir Baliyan, Kamarpal Singh, Vinod Pandey and Simranjit Kaur. Two station house officers at Noida’s

Sector 20, RN Singh Yadav and Deepak Chaturvedi, also were sacked. Worse, a Tehelka-Star News investigation showed cops messing up the case after taking bribes, some as low as `3,00,000 per police officer, from Pandher. CBI CLEAN CHIT The Central Bureau of Investigation (CBI), which also probed the case, gave Pandher a clean chit before applications filed by an intrepid lawyer, Khalid Khan, turned on the heat and pushed him behind bars. The flip-flop in the courts troubled many, especially those who had lost their children. Lal remembers being told that Jyoti probably walked into Pandher’s home to see the team of doctors and nurses who would visit D-5 every second day. “Jyoti would also tell me that she wanted to be a doctor and treat the poor. And then, one day, she was lost. Hanging the two will stop the case midway, what about those who were a part of this organ trade?” asks Lal, as wife Sunita watches. Lal says that clothes from Pandher’s home would always have bloodstains. When asked, Koli said those were stains of chicken blood because Pandher stood close to the butcher when he cut the birds. “We never bothered. We cleaned the stains with water and ironed the clothes,” says Devi. Fear gripped Lal and his wife when Jyoti

ELIMINATING EVIDENCE? A fire gutted Pandher’s bungalow, the scene of crime, in October this year

INDIA LEGAL November 30, 2014

CRIME/ nithari murders

I am not being executed but murdered: Koli Surinder Koli, the “cannibal of Nithari”, evokes disgust among people. He maintains he is innocent and has been framed By Nishant Goel Surinder Koli came into limelight in December 2006 when the house of his employer, businessman Moninder Singh Pandher, in D-5, Sector 30, Nithari, Noida, was raided by the police and 19 human skulls, most of them of children, were recovered. Pandher and Koli were arrested. Later, the case was transferred to the CBI, which charge-sheeted Koli in 16 murder cases and Pandher in one. Pandher is currently out on bail and Koli is waiting to be hanged after the CBI court of Ghaziabad on September 3, 2014, issued a death warrant on him for five cases. Koli was shifted to Meerut Jail for execution the next day. But his execution was suspended twice by the Supreme Court, and has now been put on hold till November 25 by the Allahabad High Court. Speaking to this reporter inside a “Vajra” (riot control) vehicle outside Dasna Jail in Ghaziabad before he was being taken to Meerut Jail, Koli expressed helplessness. He said this was not an execution, but murder. Excerpts from the interview:

went missing. Then, one day, he went with the police team to Pandher’s home and accompanied the constable to the terrace. What he saw will live with him till his dying day: boxes of choppers and knives of all sizes wrapped in bandages seen in a doctor’s clinic. And two dustbins of severed heads and body parts. “None of the severed heads had eyes. Limbs and arms were missing from the bodies, so were kidneys and livers. Only two portions of the body were there: the head and the torso. It was a horrible, horrible sight,” says Lal. MANY QUESTIONS Lal says he almost killed Koli and Pandher when he saw them in the courtroom. The first day of the trial, he stood close to the accused. “If we had done that, it would have been poetic justice. But now, we wish to know why he killed the children? Who sought their organs?” says Lal. There are others who believe Koli’s hanging, if it goes through, will not bring closure to the case. Questions will remain, especially those

November 30, 2014

relating to the big, organ racket. “I have a feeling we will get nothing out of the judgment. If the two are hanged, they will take their silence with them, without answering who they were supplying the organs to,” says Dil Bahadur, whose daughter, Kamla, went missing. Parts of her body were eventually found in D-5. Where is justice for the poor, wails Bahadur, pointing out that 15 Nithari killing cases have been pending for a little over seven years. “I want to know who got my daughter’s eyes, kidneys and liver. I want to know why the CBI gave a clean chit to Pandher. Will the poor never have a voice,” Bahadur asks plaintively. The CBI, which had pointed to a range of suspected motives—from child pornography and child prostitution to organ trafficking, black magic, necrophilia and cannibalism—in the 16 cases registered against Koli, has no answer. Darkness has descended in Nithari. Halder has returned home. He has one more fear, a fairly valid one: If Koli is hanged, what will happen to the 15 cases still pending against him?

Are you aware of where and why you are being shifted? Yes, I know I am being shifted to Meerut Jail and I am also aware that I will be murdered soon. Would you like to share something for the last time? I am innocent and I have done nothing. Still I will be hanged. This is not an execution, this is a murder carried out by the government. I tried to prove my innocence in the court and also tried my best to convince the government that I have nothing to do with these killings. But nobody is ready to listen to me because I am poor. I have not even been given legal assistance and the lawyers assigned for me didn’t give a fight. My murder will be a mockery of judicial system and Indian law. Would you like to meet your family? For many years, I have been praying

I have done nothing. Nobody is ready to listen to me because I am poor. I have not even been given legal assistance and the lawyers assigned for me didn’t give a fight. My murder will be a mockery of the whole judicial system. for a meeting with my mother, wife and two children, but nobody is ready to hear me. Many a time I have prayed before the court, but every prayer of mine went in vain. Is there any other thing you would like to share? I have no hand in the gruesome killings of children in Nithari. Neither have I killed anybody nor have I eaten human flesh as rumored by the media and the

Eleven are in the trial court and four at the appeal stage in high court. “A crucial witness will no longer be available,” he says. HAND-IN-GLOVE Also, the drains along D-5, meant to be cleaned by the civic body, were not cleaned. Halder claims that Koli and Pandher routinely bribed the sweepers, who turned their vans away, a fact corroborated by an expert committee of bureaucrats formed by the Ministry of Woman and Child. “The nallah in front and back of the house are not very deep and have stagnant water. It was not cleaned for a very long time by the civic authorities,” cited the report. But no one took notice. The UP police and the CBI ignored the findings. The courts— expectedly—followed the same course. “It seemed to me that everyone was trying to erase the importance of such vital findings. How come we do not hear about Maya Sarcar, the maid who worked at D-5 for a little over seven years,” asks Halder.

CBI. The investigating agency has probed in a biased manner and has framed a poor man. Some doctors who lived in D-6, namely Dr Agarwal and Dr Naveen Chaudhary, were involved in organ trafficking and these children were killed for kidneys and other body parts. Also, Pandher used to give lavish parties and call girls used to visit the house for many big people. To save the big fish, I am being made a scapegoat. But in your confessional statement you didn’t said a word about Pandher or these doctors. Sahib, when a poor man has dozens of CBI personnel standing on his head, what else will he do? I was made to remember names and pictures of the children and the dates of the murders. Whatever I said in my confessional statement was told by the local police and the CBI. In my confessional statement, I also said many times that I was pressurized to say all these things.

He has a point. A vital cog in the wheels of Nithari investigations, Sarcar was let off by the UP police and eventually, by the CBI. The expert committee was aghast: “The interrogation made by UP police of the maidservant of the house, Maya Sarcar, needs to be looked into for revelations into the activities of the accused.” Still, no one tracked her. Halder also has a new worry. Children in Khora Colony (Sector 62-A, Noida) still go missing and the police avoid registering complaints. In the last two years, seven children have vanished. Have the organ doctors found a new Nithari? No one has an answer. The organ trade angle is one of the main points raised by the expert committee too. “It seems that the unsolved cases were quickly attributed to Koli and the number of killings done by him was increased from 11 to 17 to account for the unsolved cases of missing children,” the report said. No one has time to read it, the findings are now gathering dust in some rickety cupboard. IL INDIA LEGAL November 30, 2014

SOCIETY/ status of helps

Upstairs & Downstairs Illustrations: UdayShankar

the way indians treat those doing their menial work is an eye-opener for this nri. their appalling rudeness and indignity are an absolute no-no By Bikram Vohra 38

November 30, 2014

abhor the S word. I never allowed it to be used in my home. They are all part of the family, however schmaltzy it sounds. My children have grown up showing respect, not that of the mealy-mouthed variety, but proper courtesy to those who work in the house. I expect that their children will be given the same values because otherwise, the baton has been dropped and that ends the race. That I have been often taken advantage of is something that goes with the territory. The flaw doesnâ&#x20AC;&#x2122;t lie in the fact that someone financially badly off demeans himself or herself by working under your roof. The fracture lies in the incontrovertible fact

that you behave as if you are superior as a human being. CRASS & CONTROLLING Before I go any further, let me tell you what I would do if the three boys in a poignant story I read in an Indian magazine were to be taken off the street where they are brutally exploited and work at my place. I would strengthen them, teach them hygiene, pride in their work and give them an education. I would make sure I feed them the same food I eat and as God is my witness, I would not make two types of rice, so stop right there. Naturally, they are far too young to work legally, but let us assume it is okay for the sake of the narrative. Clearly, it is okay to cart a kid to a mall and make her do all the work while you scarf cotton candy so the child labor laws are mere papier mache. Heartbreak over watching a rich family eat while their minor domestic watches them is common. But it solves nothing. But for every upstart, ugly Indian family that behaves so crassly, I am sure there are others who would not think twice before giving a kid a treat. Take them off the street and educate them. Pay for one child and forgo one shopping trip for inanity each month. When we were growing up in an army atmosphere, most of my friends were the sons of the workers and we fought and played hockey and cricket every evening and not once did we, the kids of officers, believe that because they went home to a semi-slum or were barefoot, they were any less than us. Fifty years later, I remember each one’s name and I wish I could track them. They made some of my fondest memories of growing up. I remember my 14th birthday at the Defence Services Staff College in Wellington, Nilgiris, where I invited all 15 of my friends and the day before the party, all 15 said they could not come because their parents said it was not right. I was devastated. I went home and said if they don’t come, no party, period. Finally, my dad who was then a colonel in the army, had to order the parents to send their children and they sent them because of that order and we had a blast and I could never comprehend the social divide and 50 years

There is also an underlying rudeness in the way the helper is summoned. Oye, hey, abbey, ohohoh, even a physical snap of the fingers….why can’t you be polite? later, I still don’t. And I am so avidly grateful for that blindness. So this para is for my best friend, Tickler, who was the sweeper’s son and a damn good hockey player. I don’t know where Tick is, but I hope his children have been successful and made a move up and if they are in a position to read this article, that would be so splendid. My wife and I argue about it. Often with contention. She says it is my love for the homage, the sense of importance that it gives me. I have had people tell me it is a complex, it is that people like this are less threatening. I have even been told it is arrogance, conceit, hubris. Occasionally, I am accused of finding them more interesting than our social circle. Has it struck anyone maybe they are! HOW RUDE IS THIS? And now I have lived away from India 30 years and it is one of those “we live abroad so when we visit we notice it” things for which us NRIs get a lot of stick. But some things do sort of hit us differently. Like whenever I come home to Delhi, I am appalled at the INDIA LEGAL November 30, 2014

SOCIETY/ status of helps

case they contaminate her blue blood. Anywhere else that would be blatant racism. Here, it is acceptable as conduct. And who the heck says memsahib anymore? Yes, I know, it is no longer that bad and there are people out there who treat their help with grace and courtesy and almost make them family and don’t cook cheap food facsimiles to feed them but really, not that much has changed.

Occasionally, I am accused of finding my domestic help more interesting than our social circle. Has it struck anyone maybe they are! way people speak to domestic help, parttime, full-time, any time. There is an immediate change of tone. Never have been able to understand the need for that. There is also an underlying rudeness in the way the helper is summoned. Oye, hey, abbey, ohohoh, even a physical snap of the fingers. You are calling another human being, he’s going to do your dirty work anyway, why can’t you be polite. I cringe, I truly do. The colony I stay in, some crusty oldtimer objected to a laborer riding his bicycle past him without getting off...did not show respect. In 2014? We think nothing of giving stale food to domestic staff. People talk about them and their untrustworthiness in front of them. I have heard it. In our complex, there is a part-time maid invasion every morning. They charge in like a battalion going to take a picket and then get stopped at the elevator because some memsahib won’t let them enter the elevator in

November 30, 2014

SALAAM INDIA The amount of “salaam sahib” crap you see can be quite overwhelming in its servility but it is so terribly insincere. Anyone uses the “S” word in my house, they get into a mountain of trouble even if they are visiting. I might get stick for it and you don’t notice it, but it is flinch-worthy and over here, the second worst scenario is the way women talk to male domestic help, yelling, calling them names and being obnoxious. I put my hands up. You won’t agree with me but I see it in the car park regularly, memsahib giving the poor sod hell as he swallows his ire… Let me tell you something. I am glad I gave some guys a little nudge in the right direction. I don’t pretend to great humility, I believe in there lies great vanity. I have bullied others into helping. I have seen some people who worked in our house years ago, today owning homes and sending their children to expensive schools. I have taken over 200 people to the Gulf, often on my dime. Some are sharply ungrateful. No good deed goes unpunished. Have I been taken for a ride? You bet, on a mule. Been conned, deceived, lied to so blatantly that it leaves you reeling? Certainly. No one forgives you easily for changing their lives. It is a very heavy burden. And you don’t have to like the ingratitude but the few victories are worth it. Because in the end, on a day-to-day basis, the one cardinal sin is not what you say but how you make people feel. You make them feel small, they’ll never forgive you. Give the rich their maids, just don’t stint on the cotton candy. IL

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SOCIETY/ “kiss of love” protest

LOVE ME DO this beatles’ song could well resonate with india’s young as they battle moral guardians. kochi’s novel protest spawned similar ones elsewhere. is this the beginning of a new renaissance in conservative kerala? By TK Devasia

November 30, 2014

Anil Shakya

N November 2, conservative Kerala saw a protest it had never seen before. Manoj and Fathima, a married couple, were part of it. The Kiss of Love campaign in scenic Marine Drive in Kochi that day was going to see couples kissing and defying the moral police. But it didn’t take place as fundamentalists of all hues came together to foil the event. It took a violent turn as the police arrested some 50 participants; they were later released on bail. Manoj and Fathima had a sense of déjà vu, as eight

years ago too they were harassed by the police at the Marine Drive and asked to pay a bribe for spending time together and chased away by the police. That didn’t, however, stop them from getting hitched. This time, they were here to support the event, as they did not want their two children to be fettered by moral policing in a liberalized world. “They should get space to love and show their affection,” says Manoj, 32, a businessman.

However, loving in India is not easy. And in Kerala, home to Muslims, Hindus and Christians coexisting peacefully, the self-proclaimed guardians of morality spanned the entire religious spectrum—from mutually acrimonious outfits like the Bajrang Dal, Vishwa Hindu Parishad and Shiv Sena to the pro-Muslim Sunni Yuvajana Sangham, Campus Front, Social Democratic Front of India and the Kerala

INDIA LEGAL November 30, 2014

SOCIETY/ “kiss of love” protest

Photos:Anil Shakya

Students Union (of the ruling Congress Party). These outfits differ in ideology and programs, but were united in their stand against public display of affection and viewed hugging and kissing in public as an obscene act. Sangh Parivar members even called it a violation of Indian culture. Though Left parties and the BJP kept off, it was obvious they were partners in the moral policing. The campaign was spearheaded by “Free Thinkers”, a group of Facebook users comprising mostly of IT professionals and artists, to protest against rising moral policing in the state. They were spurred by an October 23 attack on an eatery in Kozhikode by Bharatiya Janata Yuv Morcha (BJYM) activists, who alleged that immoral activities were taking

The focus of the moral police is women, but they aren’t visible when the fairer sex falls prey to sexual abuse, like in the case of a Calicut University employee. 44

November 30, 2014

place there. The BJYM men saw a report in a local TV channel showing a boy and girl hugging and kissing there. SYMBOLIC PROTEST The attack became a hot topic of debate in social networking sites, and the Facebook group thought it was time to resist this moral policing. As conventional agitations were not having any effect on these moral “guardians”, they thought of this shock protest. Though the call for the protest evoked massive response on social networking sites, only a few hundred turned up at the Marine Drive to lock lips in public. However, religious and fundamental groups turned up in large numbers. Some came armed with canes and pepper powder and the police gave them a free hand. Coming from a state where its most popular spiritual leader—Mata Amritanandamayi— hugs and kisses everybody who seeks her benediction, this was strange. But Shobha Surendran, national council member, the BJP, ridicules the attempt to compare this act with Mata’s, as she says this protest was a movement for free sex which her organization would not allow at any cost.

Rahul Pasupalan, one of the organizers of the protest, says their struggle was not for the right to kiss. “Ours was a symbolic protest against moral policing by men of all hues. We will carry forward our struggle in a peaceful and legal manner,” he says, adding that they had conveyed their protest to the anti-kissers by sending roses to them. Pasupalan is happy the protest has gone and fueled similar campaigns in Delhi, Kolkata, Mumbai and Hyderabad. Senior journalist and human rights activist BRP Bhaskar says this protest was the beginning of a Renaissance in Kerala. “Kiss of Love activists have succeeded in putting the state back on the track of Renaissance by overcoming Hindu-Muslim right-wing groups,” he adds. He says the social advancements that Kerala had achieved, which were at par with developed nations happened because the Renaissance was spearheaded by social reformers such as Sree Narayana Guru, Ayyankali and Chattampi Swamikal a century ago. The retrograde forces they resisted returned half-a-century ago when political parties started compromising with religious and communal forces for the sake of power. This had taken Kerala backwards. Bhaskar says the movement started by the Kiss of Love activists had given Kerala fresh hope and the massive support it had garnered from youth would force political parties and their feeder organizations to change their stand

about moral policing. He says some parties had already started the process. CHANGING MORALITY Writer and social activist Prof MN Karaserry says the debate generated was an indication of a strong yearning for change in the society’s concept of morality. He says hugging and kissing in public could not be considered immoral at a time when Keralites were going all over the world in search of jobs. The concept of morality had undergone changes throughout history and all over the world. More than a century-and-a-half ago, he says, upper caste men in Kerala did not even allow women from lower castes to cover their breasts. They got the right to cover them only after a prolonged struggle. Similarly, family planning measures introduced four decades ago were termed anti-religious and immoral. But members of all religions have now accepted it, he says, despite objections from religious leaders. Karaserry believes society will be forced to accept public expressions of affection too in the coming days. Moral policing, however, is not new in Kerala. Though vigilante groups were active in the past, they were mostly harmless and

MORAL HIGH? July, 2014: Kerala police detained two theater professionals, Sreeram Ramesh and Himashankar, when they were going from Kollam to Thiruvananthapuram, a distance of about 60 km. The police refused to consider documents they produced to identify themselves and kept them in the police station till next morning before releasing them. October 2014: A group of activists belonging to the

Students Federation of India, the student wing of the CPM, attacked two male students of the University College at Thiruvananthapuram for being friendly with girls. They had earlier asked the girls not to come in jeans to college. November 2014: An employee at Technopark, Thiruvananthapuram, was beaten up by a group of youth while dropping a female colleague to her hostel. The police said it was a crime.

INDIA LEGAL November 30, 2014

SOCIETY/ “kiss of love” protest

guided by paternal concerns. However, they assumed a violent form when various religious groups joined in. The main focus of the moral police is women. Curiously, this concern is not visible when a woman falls prey to sexual abuse. None of these “protectors” came forward when PE Usha, an employee of Calicut University, waged a lonely battle against a man who tried to molest her in a bus. FRUSTRATED SOCIETY Many believe that moral policing is the result of frustration and sexual jealousy. Civic Chandran, political analyst and writer, says in one case of moral policing, a group of men even complained against a widow who was in a relationship with a man from another geographical area. They harassed her and had the gall to ask her why she chose him when they were around! And though Kerala is India’s most literate state, the average Malayalee’s hypocrisy is evident by the fact that the Kiss of Love protest had thousands of people, young and old, thronging Marine Drive to see the spectacle. Many even climbed trees to get a better view. For the police, this is nothing new as they

November 30, 2014

have been booking couples in public places and some have even demanded bribes from them. Recently, a Malayalam channel showed a policeman demanding a bribe of `5,000 from a boy and girl on a bike in Kochi. The cop snatched the girl’s mobile and looked for stuff he could use to blackmail them. When he found none, he threatened to inform their parents. Well-known writer Paul Zacharia considers the media a major culprit in promoting moral policing in the state. He says newspapers raise their circulation by constantly showcasing manwoman relationships as prostitution. The police follow it up by slapping cases under the Immoral Trafficking Act even if couples are engaged in consensual sex. Zacharia was attacked by youth activists of the CPM in 2009 for criticizing their moral policing against Congress leader Rajmohan Unnithan. Sulfath M Sulu, a school teacher in Kannur, says that such warped ideas about relationships were due to segregation and boys and girls in classes. It prevents natural friendships from developing and leads to sexual abuses. Perhaps, it is time that these upholders of morality also helped women who are abused. IL

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LEGAL EYE/ book review/ talking of justice

leila seth writes with humaneness about the need for society to be more inclusive—towards women, muslims and gays By Rashme Sehgal

A Suitable Judge 48

November 30, 2014

slender, gem of a book written by eminent jurist Leila Seth, Talking of Justice, covers a gamut of contentious issues that have engaged the nation for the last 65 years. Seth’s own legal career spans over 50 years, during which time, she has done substantive work on issues, such as violence against women, the need for a Uniform Civil Code (UCC), prisoners and children’s rights. The book elegantly builds up a case for the need to review and revise some of the most crucial laws that affect the marginalized and the vulnerable. A strong advocate for UCC, Seth argues that the country already has such a code and also uniform civil laws, such as the Civil Procedure Code, the Contract Act and the Transfer of Property Act. Family law amendments have been witnessed in countries with Muslim majorities, including Pakistan and Bangladesh. The key issue, therefore, is why have gender-just laws bypassed India? Seth forcefully argues that while Parsi, Christian and Hindu personal laws have been pushing for gender equality, Muslim women remain disadvantaged despite having been granted the right to vote and participate in government formation. “Depriving them of equality in personal laws is both cruel and anomalous,” stresses Seth. GENDER EQUALITY Three key women-related judgments have received special attention in the book and are a must read for the younger generation who may not be aware of the ramifications these cases

have had on women’s lives. The first is the Shah Bano case where an elderly Muslim woman was driven out of her matrimonial home by her husband after more than 40 years of marriage. Shah Bano filed for a maintenance of `500 per month under Section 125 of the Code of Criminal Procedure (CrPC). While her case was pending before court, her husband divorced her. Although he agreed to pay her a mehr of `3,000, he refused to pay any maintenance. A magistrate ordered him to pay the “princely” sum of `25 per month and the Madhya Pradesh high court raised the maintenance amount to `179.20 per month. The husband appealed to Supreme Court (SC), stating that since he was governed by Muslim Personal Law, he wasn’t bound to pay any maintenance. The apex court struck down his appeal, stating that the provisions of the CrPC for prevention of destitution did not conflict with Muslim law. It also observed that it regretted that Article 44 of the constitution for a common UCC had remained a dead letter. The Rajiv Gandhi government, which had initially supported the Shah Bano judgment, did an about-turn. Not wanting to alienate

The book elegantly builds up a case for the need to review and revise some of the most crucial laws that affect the marginalized and the vulnerable. Muslim fundamentalists, it introduced the retrograde Muslim Women (Protection of Rights on Divorce) Act 1986, whereby Muslim women were taken out of the purview of Section 125 of the CrPC, thereby making personal law superior to the CrPC. Seth argues convincingly in favour of a UCC. If criminal law treats all offenders with an equal hand, so should civil law, including family law. She adds that laws that are unjust cannot stand within the framework of the constitution and must be changed. RETROGRADE LAW The second case Seth examines is that of Roop Kanwar who was burnt alive in September 1987 on her husband’s funeral pyre. While several locals claimed that she had committed sati willingly, women’s organizations insisted that the onus be placed on the family to prove

ADVOCATE FOR EQUALITY (Facing page) The author, Leila Seth, covers a range of subjects that have engaged India in the past 65 years in her book Seth takes a specific stand on the Bhanwari Devi (left) and Shah Bano (above) cases in her book

INDIA LEGAL November 30, 2014

LEGAL EYE/ book review/ talking of justice

Anil Shakya

“What makes life meaningful is love. The right that makes us human is the right to love. To criminalize the expression of that right is profoundly cruel and inhumane.” —Justice Leila Seth on the Supreme Court upholding Section 377 criminalizing gay sex that no coercion took place in getting this young bride to climb onto the funeral pyre. Pressure on the state government saw the arrest of Kanwar’s father-in-law and other members of the family for abetment of suicide. As a fall-out, parliament was forced to pass a law banning sati. The third case Seth has dealt with is that of Bhanwari Devi, a sathin (grassroots worker), who was gangraped by five upper caste men in 1992 because of her vigorous campaign to end child marriage. The district and sessions judge in Jaipur acquitted all five on the grounds that they were upper caste men of good social status and thus, incapable of rape. Bhanwari Devi’s courage, Seth maintains, did not go in vain

November 30, 2014

because it was a follow-up to this case that saw the SC implement the Vishakha guidelines to protect women from sexual harassment at the workplace. DEPLORABLE JAILS Seth lists the steps whereby the implementation of justice can become more effective. In 1996, when she was examining Rajan Pillai’s custodial death, she got a first-hand insight into the condition of prisoners in Tihar Jail. Going through jail records and earlier studies on the conditions prevailing in jails led her to conclude that 76 percent of deaths in prisons were being caused by TB due to overcrowding and unhygienic conditions. The book speaks out against the present, pernicious trend of locking more and more people in jails. After all, the costs of maintaining the prison system have risen rapidly. In England, the cost of keeping one prisoner in jail from 1995-96 was calculated at 466 pounds per week, while in the United States, keeping a prisoner in jail costs as much as educating a student at Harvard. Studies across various prison systems indicate that it destroys people’s lives and despite

BROAD VIEW (Facing page) The book stresses the need for gender sensitization of the judiciary (Left) In the chapter devoted to gays, Seth admits that her son Vikram is a “criminal” according to the verdict of the apex court that criminalizes gay sex

Anil Shakya

the heavy financial costs, fails to rehabilitate the criminals. Alternative suggestions include undertrials being given early bail and being made to do community service so that they develop good working habits. The book has also devoted a section to the girl child and child labour. Seth quotes a group of girls in a village near Pune, Maharashtra, who are enrolled in school and then taken out of it to help with housework. The girls confessed that their parents should have explored other options before pulling them out of school, going on to add that they are certain about one fact—they will ensure that their own daughters don’t meet the same fate. JUDICIAL REFORMS Extremely readable, the book also stresses the need for gender sensitization of the judiciary and the steps to be taken to improve judicial administration. Seth, incidentally, was one of the three members of the Justice Verma Committee appointed by the former UPA government following the Nirbhaya rape case in December 2012. The committee had suggested amendments

to the rape law and the need for speedier trials and more effective punishment of those accused of sexual assault and violence against women. Seth is, however, opposed to giving death penalty to rapists. She is also in favour of the criminalization of marital rape. But none of these suggestions received the then government’s approval. The last chapter of the book has an essay titled, “You’re criminal if gay” where she candidly admits that “our eldest (son) Vikram” (the famous writer) is now a criminal, an unapprehended felon “because like millions of other Indians, he is gay following the Supreme Court judgement which overturned the earlier Delhi High Court judgement, thereby criminalizing homosexuality”. Very movingly, Seth speaks out against this judgment stating: “What makes life meaningful is love. The right that makes us human is the right to love. To criminalize the expression of that right is profoundly cruel and inhumane.” Seth needs to be given kudos for writing in a frank and moving manner on a subject as obtuse as law and the functioning of the judiciary in India. IL

TALKING OF JUSTICE By Leila Seth Published by Aleph Pages: 214; `500

INDIA LEGAL November 30, 2014

STRATEGIC AFFAIRS/ counter-terrorism

Can India and China

COOPE

UNI

November 30, 2014

RATE?

does international law nudge these two neighbors to work together to offset pak-based terror activities? By Col R Hariharan

HE main source of anti-India terrorism is Pakistan. In the event of a hijacking by a Pakbased group, for instance, will Sino-Indian co-operation be possible? What is the scope of operational cooperation in counter-terrorism between India and China? This question on operational cooperation in counter-terrorism between India and China covers two different issues: one pertains to aircraft hijacking and the other relates to the scope of such cooperation in general. China is a party to two multilateral treaties pertaining to hijacking. Under the Hague Hijacking Convention of 1970 (Convention on Suppression of Unlawful Seizure of Aircraft), China has agreed to prohibit and punish hijacking of civilian aircraft (other than aircraft of customs, law enforcement and military). Based on this convention China must also prosecute the hijacker if he is not extradited. As a signatory to the Beijing Convention of 2010 (Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation) adopted after the 9/11 Al Qaeda terrorist hijacking, China has also agreed to criminalize terrorists using civil aircraft as a weapon and the use of dangerous materials to attack aircraft or other targets on the ground, as well as for the illegal transportation of bacterial, chemical and nuclear weapons. So if India seeks Chinaâ&#x20AC;&#x2122;s operational cooperation in a case of hijacking, China will be expected to positively respond under these two conventions. One can expect China to conform

UNI

to this requirement, as it increasingly wants to be accepted by the international community as a responsible power in keeping with its growing global influence. Moreover, China is a promoter of the Shanghai Cooperation Organisation (SCO), formed with the primary aim of fostering cooperation and coordination through networked action among the member-countries against terrorism. And China has invited India to join the SCO. However, if the hijacking is carried out by a Pak-based terrorist body, Chinaâ&#x20AC;&#x2122;s response is likely to be qualitatively different. If the hijacker lands the aircraft in Chinese territory we can expect the response to be swift, as it would be difficult for the Chinese to discern the aim of

MIND GAMES (Facing page) Chinese President Xi Jinping and Madam Peng Liyuan being received by Prime Minister Narendra Modi in Ahmedabad in September (Above) Jinping meets Indian National Security Adviser Ajit Doval at the Great Hall of the People in Beijing in September

INDIA LEGAL November 30, 2014

STRATEGIC AFFAIRS/ counter-terrorism

Unlike the Indian armed forces, the PLA enjoys an exalted status as one of two “sword arms” of the Chinese Communist Party to further the Party interests. the terrorist group. China hates Pak-based jehadi terrorist groups and suspects their hand in the increasing Uighur extremist acts in Xinjiang. It is also wary of Tibetan insurgency sprouting once again. However, Indian Special Forces are unlikely to be permitted to carry out the operation to apprehend the hijackers on Chinese soil. The People’s Liberation Army (PLA) Special Forces have been carrying out intense training in refining their anti-hijacking drills. Anti-hijacking, hostage rescue and bomb disposal now form part of the counter-terrorism training regime of the People’s Armed Police (PAP) also, especially since Uighur extremists have stepped up their acts in the last three years. So, China would not like India or any other country to carry out operations against hijackers. To do so would be

November 30, 2014

a loss of face for China. However, if Pak-based hijackers are apprehended, Pakistan would not want China to hand them over to India. As Pakistan is a close and long-standing strategic South Asian ally of China, Beijing would be averse to handing over the hijackers to India. So the extradition process could be delayed using bureaucratic and legal process as a ploy. China might provide secret access to Pakistan to meet the hijackers in custody before India is extended the same facility. But in the unlikely event of the hijackers managing to take off (or being let off) the aircraft after using Chinese territory as an intermediary stop, China can be expected to share all available information with India. Of course China is likely to take into consideration Pak’s sensitivities while sharing such information.

his raises the question: To what extent have joint military exercises contributed to confidence building between India and China. Mutual confidence is built by understanding achieved through cooperation between the two countries. Even between two democracies, say the US and India, military

plays only a small but important role in the confidence building process. Joint military exercises provide hands-on opportunity to build professional and social networking between the two forces at various levels, which helps the process to progress. Indian and Chinese armed forces have a totally different say in the overall confidencebuilding measures between the two countries. Indian armed forces are creatures of the government. They have a very limited say in even strategic security issues. Progressively, their role has been pruned to that of being on “listening watch” (to use military terminology). Nothing illustrates this better than the India-China Defence and Security Consultation programme meeting in New Delhi on February 24, 2014, co-chaired by Indian Defence Secretary RK Mathur and Deputy Chief of General Staff of the PLA General Wang Guanzhong. The decision to hold the joint military exercise Hand-in-Hand 2014 was taken at this meeting.

Unlike Indian armed forces, the PLA enjoys an exalted status as one of two “sword arms” (the other being the government) of the Chinese Communist Party to further the Party interests. This gives PLA a vastly superior status in deciding national policy, let alone on strategic security policy. Moreover, the Chinese General Staff Department lays great emphasis on military diplomacy and has a foreign relations institute to train its officers. Indian armed forces at present can play only a peripheral role in confidence-building measures between the two countries. And as a corollary, the joint military exercises serve as the barometer of progress of the confidence building process between the two countries, rather than a major influence in shaping it. China’s joint military exercises with most of the other countries, including the US, are at platoon or lower levels. The focus of these exercises is mostly on basic techniques of counter-terrorism or “drills”, as the Chinese call it.

GRUDGINGLY THEY COOPERATE (Facing page and below) The Hand-in-Hand exercises of the Indian and Chinese forces

INDIA LEGAL November 30, 2014

STRATEGIC AFFAIRS/ counter-terrorism

The fourth Hand-in-Hand India-China anti-terrorism joint exercise, lasting nine days, has concluded in early November. The armies of the two countries organised the first-ever Hand-in-Hand joint exercise in Yunnan in 2007 as a part of the overall confidence building measures agreed upon by the two countries. The second Hand-in-Hand exercise was organised in Belgaum in 2008. About 60 troops (a company minus) from both sides participated in these exercises. The exercises were to be an annual feature. However, India called off the 2009-exercise after China denied a regular visa to the army commander of the Northern Command to attend a meeting in China as he belonged to Jammu and Kashmir, which, it said, was a disputed territory. However, both countries agreed to resume the annual training event after China relented and started issuing regular visas to Jammu and Kashmir residents last year. The third joint exercise was held in Chengdu in November 2013, with 144 troops (nearly two companies) from the Sikh Light Infantry and an equal number of PLA troops participating. According to the Chinese media, the 10-day exercise included demonstration of weapons, exchange of tactics and training in arrest of suspects and rescue of hostages. These low-level, basic exercises have limited value in confidencebuilding between the two armies. At best, they contribute to providing a window of opportunity towards confidence-building at higher levels in the future. However, naval forces are an exception to this; the world over they have a culture of joint exercises and cooperation at sea. The Indian navy and PLA-navy also have taken part in joint and multilateral exercises at sea. Another important question arises: Have all the military exercises between India and China so far focussed on counter-terrorism only? Why? This question is probably best answered by the army chiefs of both countries. PLA’s main focus in training for the last four years has been at two levels: on refining its joint operation capabilities in a modern C3IS battlefield sce-

As Pakistan is a close and long-standing strategic South Asian ally of China, Beijing would be averse to handing over the hijackers to India. So the extradition process could be delayed using bureaucratic and legal process as a ploy.

November 30, 2014

nario and the other on improving their basic drills at subunit level. China has been using joint exercises with the armies of other nations to broaden the PLA’s military knowledge as well as understand their operational techniques, particularly relating to counter-terrorism. The Indian army has a rich experience in combating extremism and insurgency and its Special Forces are trained in counter-terrorism strategies. So China’s interest in Indian army’s combat techniques in counterterrorist setting is understandable. The PLA has been carrying out regimental level combat group (equivalent to Indian army’s brigade combat group) exercises mostly with Russia to improve its ability to optimize its modernised weapons and delivery systems and logistics by improving the coordination between the three wings of armed forces in what the Chinese call ‘informatized’ scenario (it refers to networked command, control and information systems using land, sea, air and space) of modern battlefield. Even in these exercises the emphasis has been on counter-terrorism operations at the regimental group level. China’s singular focus on counter-terrorism is probably related to the CPC’s concern in maintaining internal harmony due to ethnic minorities dominant in the border regions of the country like Tibet and Xinjiang, which have

sustained movements demanding independence for over five decades. China has a long history of warlords from these regions challenging the central authority. Considering this, it would be reasonable to conclude that India-China joint exercises also focus on counter-terrorism at the request of China.

t is important to remember that China considers all unconventional armed anti-state threats as terrorism. The PLA controls the armed police forces used in counter-terrorism operations along with troops. These operations are controlled by the military district accountable to the military regional headquarters. Police work is also closely coordinated with the military operations. In India, the home ministry at center or state level controls state and central police forces and paramilitary forces for operations against unconventional anti-state threats, including terrorism. The operation against Left Wing Extremism is a case in point. Of course, the Special Forces are also requisitioned in certain operations ie, 26/11 operations. Army is given charge of operations in exceptional circumstances as in Jammu and Kashmir or in the North East, when the center feels the situation is beyond the capability paramilitary forces. The command and control of such operations has

PIB

always been amorphous, as we have not been able to resolve it satisfactorily between the Home and Defense ministries. With such doctrinal differences between the two countries in handling such threats, it probably makes more sense for China to organise joint exercises with Indian army rather than with central paramilitary forces. IL

â&#x20AC;&#x201D;Col R Hariharan is associated with the Chennai Centre for China Studies and the South Asia Analysis Group CAN THEY BRIDGE THE GULF? (Above) The Deputy Chief of General Staff (Operations), PLA China, Lieutenant General Qi Jianguo meets Defence Secretary, RK Mathur, in New Delhi on April 22, 2014. (Left) The 6th Annual Defence And Security Dialogue between India and China in February 2014

PIB

INDIA LEGAL November 30, 2014

STRATEGIC AFFAIRS/ indo-vietnam ties

Bhutan China

India

A S I A Myanmar Laos Bay of Bengal

Vietnam Thailand Cambodia South China Sea

this seems to be the bottomline of diplomacy today. so even as india’s ties with vietnam have grown, china’s growing might has to be kept in mind by all countries By Seema Guha 58

November 30, 2014

DON’T WORRY, KEEP CHINA HAPPY

IETNAM. The name resonates among the older generation of Indians. It is a country much admired for its grit and determination for bringing a super-power like the US to its knees and forcing the Americans to withdraw in the face of onslaught by a determined Vietcong guerrilla force. From 1965 to 1973, the period of the Vietnam War, rallies and marches in support of the Vietcong were held in many places in India. The most vociferous support came from Calcutta, which had the catchy Bengali slogan: “Amar Naam, Tumar Naam, Shobar Naam Vietnam (My name, your name, everybody’s name is Vietnam)’’, which showed that the struggle of the people in that war-torn country resonated with those in India. When Robert McNamara, president of the World Bank, visited Calcutta in 1968, anti-American demonstrations marred the trip. Though he was there to help fund the creaking urban infrastructure of the city, there was no respite from the sloganshouting mobs, outraged by what the US was doing to a small

PIB

country like Vietnam. An iconic image of the Vietnam War was the photograph of a Vietnamese child running with her back engulfed in flames. She was a victim of Agent Orange, a herbicide sprayed by the US military. Millions of gallons of it were sprayed in forests in Vietnam to force the Vietcong fighters, who were attacking the US army, out of the area. This spraying left long-term consequences on the Vietnamese people, who got cancers and other deadly diseases which they continue to suffer to this day. The photograph of the girl helped to turn public opinion against the Vietnam War. Much has changed since then. North and South Vietnam is now a united country (US forces helped the South Vietnamese to withstand Communist North Vietnam). Vietnam and America now have robust trade ties

EXPLORING NEW TIES (Above) Prime Minister Narendra Modi welcomes Vietnamâ&#x20AC;&#x2122;s Prime Minister Nguyen Tan Dung in New Delhi in October (Left) Pt Nehru with Vietnamese President Ho Chi Minh

Photo courtesy: The Consulate General of India, Vietnam

INDIA LEGAL November 30, 2014

STRATEGIC AFFAIRS/ indo-vietnam ties

“A strategic alliance with Vietnam can only have marginal benefits. Hanoi and New Delhi are too far apart to come to each other’s aid if China decides on military action on either country.” —Srinath Raghavan, Centre for Policy Research

CAN IT TILT THE BALANCE? The Brahmos Missile, which the Vietnamese are keen to acquire from India

and US business investments there are huge. Vietnam has a thriving economy and the socialist way of doing business is over, as in all former communist countries. The Indian political establishment too has always been supportive of Vietnam and governmentto-government relations are excellent. In fact, these were cemented from the days of Jawaharlal Nehru and Vietnam’s Ho Chi Minh. BATTLE-HARDENED ONES However, Vietnam has testy ties with China. The two neighbors have historically had uneasy relations. In 1979, China invaded Vietnam. Coincidentally, that was the time when India’s then foreign minister, Atal Bihari Vajpayee, was visiting Beijing. It was a major embarrassment for India, as Vietnam was a close friend. Vajpayee cut short his visit and flew back. The battle-hardened Vietnamese troops gave China a bloody nose, forcing it to withdraw. Today, China is the largest investor in Vietnam, but relations over the disputed South China Sea continue to fester. The Chinese

November 30, 2014

claim to the entire South China Sea, parts of which Vietnam regards as its own, has created tension between both of them. Vietnam, like many other South-east Asian countries like Singapore and Thailand, would like India to be a much more active member of the defense structure of the Asia Pacific Ocean region. Over the last few years, China’s growing military and economic clout, together with its new-found assertiveness over the South China Sea dispute, have made many of its smaller neighbors nervous. Vietnam, Taiwan, Thailand and Brunei all have disputes with China over its sweeping claims to the South China Sea. There are other disputes in the Asia Pacific region and many countries there, including Vietnam, are keen that India as an Asian country, make its presence felt. For example, Japan and China have had a long-running feud, as both stake claims on a group of rocky atolls, which Japan calls Senkaku Islands and China, Diaoyus Islands. But there is some hope of a peaceful end to this dispute. Ahead of the APEC summit in China, Japan and Beijing have come to an agreement not to allow the dispute to affect their overall relations. Some suspect this is to ensure a glitchfree APEC summit and is temporary. President Barak Obama’s announcement in 2010 about a US pivot to Asia, or rebalancing US defense priorities to the Asia Pacific region, was welcomed by smaller countries, which are wary of China. HIGH-LEVEL VISITS Reaching out to China’s neighbors has been a part of the Indian strategy for decades. India and Vietnam have a strategic partnership and the political establishments of both countries have a common worldview. There have been plenty of high-level visits, especially after the new BJP-led government of Prime Minister Narendra Modi took over this May. India’s foreign minister Sushma Swaraj travelled to Hanoi in August, while President Pranab Mukherjee went on a state visit in September. And in October, Vietnam’s Prime Minister Nguyen Tan Dung came calling. During his visit, India and Vietnam ramped up defense ties. New Delhi promised to supply four naval patrol vessels

and increase training of its military personnel. It also extended a $100 million credit line for defense purchases from India. “Our defense cooperation with Vietnam is among our most important ones….We will quickly operationalize the credit line so that Vietnam can buy from India,’’ Modi said at a joint news conference with the visiting PM. Vietnam has long wanted to buy India’s Brahmos missiles, but New Delhi has not responded. With Modi, the Brahmos may finally be delivered though no mention was made about it publicly during this visit. The missile will not change the strategic power equation between China and Vietnam. At best, it would be a message to China that India-Vietnam defense cooperation would go ahead despite its displeasure. However, Srinath Raghavan of the Centre for Policy Research, said, “A strategic alliance with Vietnam can only have marginal benefits. Hanoi and New Delhi are too far apart to come to each other’s aid if China decides on military action on either country. At best, India and Vietnam can give each other political and diplomatic support.” He added that the sale of Brahmos missiles was neither here nor there as it will not affect strategic arms equations. The military balance can shift only when the US lifts the embargo on defense sales to Vietnam, which have been in place since the Vietnam War. BALANCE OF POWER The two sides also agreed to extend the existing energy agreement. Earlier, despite Chinese protests, the Vietnamese had given India’s state-run oil company, ONGC Videsh, a few blocks to drill in an area China claims as its territory. This time though, the exploratory blocks are inside Vietnam and nowhere near the disputed territorial waters.

All this has created a buzz in strategic circles about the Modi government’s strategy to contain Chinese influence. However, much of this is routine. Shivshankar Menon, former National Security Adviser, once explained that India and China will cooperate and build relations, but at the same time, will circle each other and make their presence felt in each other’s backyard. He felt this was the way the world was going—where everyone is trying to be friends with everyone—and it is a fact that everyone had to live with. So while India would woo Vietnam, Cambodia (a close ally of Beijing) and China would intensify their engagement with Sri Lanka and other neighbors of India. China already has an all- weather friendship with Pakistan, India’s arch foe. The bottom line is that while every country, be it the US, Japan or India, is apprehensive of China’s quick rise to power and while no one can afford not to work with this economic powerhouse, they will ensure that its rise remains peaceful. IL

HARDENED BY US ASSAULT US Marines during Operation Allen Brook in 1968, during the US-Vietnam war

INDIA LEGAL November 30, 2014

RELIGION/ catholic church

At he Crossroads

pope francis is emerging as a leader who can take the catholic church to new heights as he tries to include marginalized groups. but an extraordinary synod of bishops shows that change is easier said than done By Jacob George

“So God created man in His own image; in the image of God He created them; male and female He created them.” —Genesis 1, verse 27

OR Christians, the family is the basic unit of the Church. The family has strong roots in Biblical references to the creation of man and woman, both made in the image and likeness of God. It is the Church that binds man and woman through the sacramental knot called marriage. After marriage, they live together, love each other, give birth to children and raise them and of course, associate with the Church. This is the quintessential principle of the Catholic Church.

STEERING THE CHURCH INTO MODERNITY (Facing page) Pope Francis; (above) The Synod in the Vatican to deliberate on the issues of divorce, remarriage same-sex marriage and live-in relationships

EXTRAORDINARY SYNOD So what is the relevance of issues like divorce, living together and same sex marriage in a conservative community like the Catholic Church? Pope Francis, often seen as a refreshing change to the old guard, dared to speak on these issues by calling an extraordinary synod in the Vatican in October. It was the first time such a synod had been called in nearly three decades. The fortnight-long gathering saw the participation of 182 bishops from all over the world and many sensitive issues that the Church was facing were discussed, a clear indication of the vision of Pope Francis. Though he couldn’t push through a big change in the Roman Catholic Church, nonetheless, contentious topics like divorce, living together, homosexuality and contraception came to be discussed among millions of Catholics. As marriage and family form the cornerstone of the Catholic

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RELIGION/ catholic church

ALL-PERVADING HOLD (Below) Catholics hold a procession on Good Friday in San Ignacio, Belize, Central America (Below right) A marriage being solemnized in a Catholic Church

Church, it cannot even think of accepting same-sex marriage and divorce. Each and every aspect of the life of a Catholic and the running of the local parish are strictly according to the Canon law and it is difficult to bring about any fundamental change in it. For example, the synod hasn’t decided to recognize same-sex marriage and divorce, says Major Archbishop Cardinal Mar George Alencherry of the Syro-Malabar Catholic Church in Kerala. “The four bishops who represented the Catholic community in the country will, of course, interact with the clergy and the laity on these issues before the next synod slated for next year,” says the Cardinal. Pope Francis had also called for a wider acceptance of homosexuals, but it failed to win a two-thirds majority at the synod. A draft report issued halfway through the meeting had called for greater openness towards homosexuals and divorced Catholics who have remarried, but those paragraphs too got rejected by the synod and were

stripped from the final text. This has annoyed and disappointed Catholic gay rights groups, who felt the synod was not gracious enough to welcome lesbian and gay people. A paragraph entitled, “Pastoral attention to people of homosexual orientation”, refers to church teaching, saying there can be “not even a remote” comparison between gay unions and heterosexual marriage. “Nevertheless,” it adds, “men and women of homosexual tendencies must be welcomed with respect and sensitivity.” They should not suffer from discrimination, it adds. But the shift in tone is clear. And, in a stark sign of the discomfort provoked among many bishops, even this watered-down passage failed to pass two-thirds majority needed for it to be approved. As instructed by the Pontiff, the voting figures were given out to the press to keep the entire proceedings transparent. BE MORE INCLUSIVE It was, indeed, a well-calibrated move by Pope Francis to allow more people to have

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access to the sacraments. It is a fact that churches in Europe are suffering from a lack of attendance. The Pope’s worry is about modernism that has conquered the European society since the Sixties and that has driven many Christians away from the Church. Ever since his election in last March, he has made it clear that the Catholic Church needs to become more inclusive and understanding of real people’s lives if it is to survive, let alone grow. With words like divorce and remarriage remaining taboo within the Church, more and more people see it keeping them at bay. Marriage as an institution has already failed in many parts of Europe and Americas despite the imposing weight of the Catholic Church over its members. As the Pope wanted to attract more and more people to the Church, he might have hoped that permitting divorced and remarried persons to have sacraments would widen the base and help the Church achieve the objective. “This will be further explored,” says the report.

Pope Francis has made it clear that the Catholic Church needs to become more inclusive and understanding of real people’s lives if it is to survive, let alone grow. Cardinal Baselios Cleemis Catholicos, head of the Syro-Malabar Catholic Church in Kerala and president of the Catholic Bishops Conference of India, views Pope Francis’ initiative as timely and inspiring. He says: “Pope Francis is asking the Church to propose authentic Christian ways to make the family healthier.” The most affected unit in the human race is the family, he says, and the Pope has asked the Church to see the reasons for its fragility (see box).

BRACING UP FOR CHANGE A protest against gay marriages in France, a predominantly Catholic country

DEMOCRATIC PROCESS The Pope has adapted a radically more collegiate style of church governance than has been seen for decades. The entire process is democratic, whereas in the Catholic Church, democracy has no place. In India, every parish, along with its properties (church premises, educational institutions and landed properties), is owned by Catholic bishops. The laity has no say in the running of the Church administration. But the conduct of the synod and the briefing given out to the INDIA LEGAL November 30, 2014

RELIGION/ catholic church

press show that the new Pontiff is democratic and open to talking about sensitive issues. Speaking after the vote, Pope Francis told the synod that he would have been “worried and saddened” if there had not been “animated discussions” or if “everyone had been in agreement or silent in a false and acquiescent peace”. Though his agenda failed to garner support from the attending bishops, Pope Francis is emerging as a new leader who can take the Church to new heights. MAJOR CHURNING Considering the changing social norms in society, the Catholic Church needs someone like this Pope today. The sexual revolution that swept across Europe and Americas in the Sixties and the unprecedented growth of Western countries led to a paradigm shift in the lives of people. There’s been a dramatic shift in traditional values related to sex and sexuality. Sex became more socially acceptable outside the boundaries of marriage. But the Catholic Church failed to hold its folk

“Patience & an open mind solve matters”

November 30, 2014

INDIAN RESPONSE In India, though, marriage is still a strong institution among Catholics and the Church has been largely able to keep its folk insulated from western influences. There is no scope for discourse on subjects such as divorce, gays or lesbians. “There is a cultural clash

CARDINAL BASELIOS CLEEMIS, Major Archbishop of the SyroMalankara Catholic Church in Kerala and president of the Catholic Bishops Conference of India, says that the divide seen in the recently concluded extraordinary Vatican Synod can be resolved with patience and an open mind. The 55-year-old cardinal, the youngest in the Catholic Church, spoke to JACOB GEORGE on the synod, the family and the future of his Church. Excerpts

Do you think the Catholic family in India is as per the true concept of the Church? In India, family has a greater role to play in society. For example, it takes care of the child and its education, as well as the religious education and upbringing of the adult, initiating him into social life. Also, even when he is working, the family is there to support him. The same family assists the children with marriage. Some people misunderstand this with the term “arranged marriage.” In Indian Christian society, it is the family that seeks a suitable

together within a shell of strict social norms. The period also witnessed the liberation and independence of women. The discovery of the “pill” gave her more freedom and control over her life. This was followed by legalization of abortion. The pill very soon became the symbol of sexual revolution and the Church became a mute spectator. As outof-wedlock births, sexually transmitted diseases, teen pregnancy, divorce and homosexuality show a northward trend, marriage too is losing its charm and failing as an institution. Simultaneously, people are turning away from the Church. And this is the reason for the divide among the bishops that took part in the synod.

partner for its kids. In many parts of the world, families are fragile and broken. There seems to be a major divide in the synod on some sensitive issues. Is it an East-West divide? The Church in Europe is facing many fissures, which are quite different from those in India. Everyone has to look at the situation of others with patience and an open mind. If the family is affected, the basic unit of the human race will be affected. We have to take collective steps in a collaborative way to face these challenges. How is the family system in the West different from that of the East? There is a very strong family system in the Eastern world because of parents. The mother and father have a greater role to

between western societies and Afro-Asian ones when it comes to issues like homosexuality and the like,” explains Cardinal Alencherry. But homosexuals deserve more sympathetic and inclusive approach, he says. While in some western countries gay and lesbian marriages are legally permitted, it is not so in India. “How can we support an issue which is not legally permitted in this country,” asks Father Bovas Mathew, media coordinator of the Major Archdiocese of Thiruvananthapuram. Though such issues haven’t become a serious issue in churches in India, most of the cases coming up before the “Parish Court” are complaints regarding divorce, reveals a senior priest in-charge of such a court in Ernakulam. The Church has its own laws on marriage, divorce and remarriage. In the Catholic Church, divorce is not granted under normal circumstances. The complainant should present valid reasons like inability to beget children or mental illness. “Laws are very stringent. Divorce is very dif-

play in children’s lives. In India, we have got an added advantage—our Indian culture. There is a saying that “the family that prays together stays together.” We have a rather positive approach towards family prayer and all the members of the family assemble together and pray. This has sustained the family system. Even if there are issues, concerns or anxieties, we have a common prayer in the family which resolves these issues. If the Catholic Church decides that those divorced and remarried can receive Communion, how would bishops in India react? The impression that I got during all this discussion in the synod was that everyone wants God’s mercy to be shown to people who are really in need of it. And everybody is in need of it, especially those who are fragile, weak and kept outside the mainstream. Therefore, we need to patiently pray and reflect upon the solutions. One solution that is applicable in this part of the world may not be applicable in another part. So that should be done by the local bishops’ conferences and general discussions.

“There is a cultural clash between western societies and Afro-Asian ones when it comes to issues like homosexuality and the like.” —Major Archbishop Cardinal Mar George Alencherry of the Syro-Malabar Catholic Church in Kerala ficult to get,” says the priest. Even if a couple manages to get a divorce from the civil court, none will be granted permission to marry again in the Church. They will cease to be members of the Church. “A man will leave his father and mother and be united to his wife, and the two will become one flesh. So they are no longer two, but one. Therefore, what God has joined together, let man not separate,” says The Bible (Mark 10: 8-9). This is the fundamental principle of the Church. No wonder, the synod signalled a deep divide among the bishops. But many—lesbians, gays, divorced and remarried Catholics—are all looking with hope towards Pope Francis. If he manages to bring about changes, the Catholic Church will never be the same again. IL INDIA LEGAL November 30, 2014

GLOBAL TRENDS/ us presidents/ foreign policy

CROWN OF THORNS

November 30, 2014

contrary to voters’ expectations, american presidents don’t have a magic wand to solve each problem, and obama, like his predecessors, is only wading through the muddy waters of real politics By George Friedman

S President Barack Obama has come under intense criticism for his foreign policy, along with many other things. This is not unprecedented. Former President George W Bush was similarly attacked. Stratfor has always maintained that the behavior of nations has much to do with the impersonal forces driving it, and little to do with the leaders who are currently passing through office. To what extent should American presidents be held accountable for events in the world, and what should they be held accountable for? I have always been amazed when presidents take credit for creating jobs or are

DASHED HOPES (Facing page) During the presidential campaign of 2008, Barack Obama captured the nation’s imagination as it was craving for change (Below) Obama’s economic and foreign policies have come in for heavy criticism

INDIA LEGAL November 30, 2014

GLOBAL TRENDS/ us presidents/ foreign policy Photo courtesy: wisconsinhistory.org

REPETITIVE PATTERN George W Bush during his presidential campaign had also raised high hopes

I have always been amazed when presidents take credit for creating jobs or are blamed for high interest rates. They are prisoners of the realities of the world. blamed for high interest rates. Under our constitution, and in practice, presidents have precious little influence on either. They cannot act without Congress or the Federal Reserve concurring, and both are outside presidential control. Nor can they overcome the realities of the market. They are prisoners of institutional constraints and the realities of the world. Nevertheless, we endow presidents with magical powers and impose extraordinary expectations. The president creates jobs, manages Ebola and solves the problems of the worldâ&#x20AC;&#x201D;or so he should. This particular president came into office with preposterous expectations from his supporters that he could not possibly fulfill. The normal campaign promises of a normal politician were taken to be prophecy. This told us more about his supporters than about him.

November 30, 2014

Similarly, his enemies, at the extremes, have painted him as the devil incarnate, destroying the Republic for fiendish reasons. He is neither savior nor demon. He is a politician. As a politician, he governs not by what he wants, nor by what he promised in the election. He governs by the reality he was handed by history and his predecessor. Obama came into office with a financial crisis well underway, along with the Iraq and Afghanistan wars. His followers might have thought that he would take a magic wand and make them go away, and his enemies might think that he would use them to destroy the country, but in point of fact he did pretty much what Bush had been doing: He hung on for dear life and guessed at the right course. Bush came into office thinking of economic reforms and a foreign policy that would get away from nation-building. The last thing he expected was that he would invade Afghanistan during his first year in office. But it really wasnâ&#x20AC;&#x2122;t up to him. His predecessor, Bill Clinton, and al Qaeda set his agenda. Had Clinton been more aggressive against Al-Qaeda, Bush might have had a different presidency. But al Qaeda did not seem to need that level of effort,

and Clinton came into office as heir to the collapse of the Soviet Union. And so on back to George Washington. Presidents are constrained by the reality they find themselves in and the limits that institutions place on them. Foreign policy is what a president wishes would happen; foreign affairs are what actually happen. The United States is not omnipotent. There are not only limits to that power, but unexpected and undesirable consequences of its use. I have in mind the idea that had the United States not purged the Baathists in Iraq, the Sunnis might not have risen. That is possible. But had the Baathists, the party of the hated Saddam Hussein, remained in power, the sense of betrayal felt by Shiites and Kurds at the sight of the United States now supporting Baathists might have led to a greater explosion. The constraints in Iraq were such that having invaded, there was no choice that did not have a likely repercussion. Governing a nation of more than 300 million people in a world filled with nations, the US president can preside, but he hardly rules. He is confronted with enormous pressure from all directions. He knows only a fraction of the things he needs to know in the maelstrom he has entered, and in most cases he has no idea that something is happening. When he

knows something is happening, he doesnâ&#x20AC;&#x2122;t always have the power to do anything, and when he has the power to do something, he can never be sure of the consequences. Everyone not holding the office is certain that he or she would never make a mistake. Obama was certainly clear on that point, and his successor will be as well. OBAMAâ&#x20AC;&#x2122;S GOALS All that said, let us consider what Obama is trying to achieve in the current circumstances. It is now 2014, and the United States has been at war since 2001â&#x20AC;&#x201D;nearly this entire century so far. It has not gone to war on the scale of 20th-century wars, but it has had multidivisional engagements, along with smaller operations in Africa and elsewhere. For any nation, this is unsustainable, particularly when there is no clear end to the war. The enemy is not a conventional force that can be defeated by direct attack. It is a loose network embedded in the civilian population and difficult to distinguish. The enemy launches intermittent attacks designed to impose casualties on US forces under the theory that in the long run, the United States will find the cost greater than the benefit. In addition to these wars, two other conflicts have emerged. One is in Ukraine, VICTIM OF CIRCUMSTANCES Bush came in for strong criticism for the US wars on Afghanistan and Iraq, but he had little control over circumstances that led to these wars

INDIA LEGAL November 30, 2014

GLOBAL TRENDS/ us presidents/ foreign policy

TROUBLED TIMES (Below) The Islamic State has forced the US to intervene in a limited war (Facing page) Russian intervention in Ukraine requires the US to think afresh its foreign policy

where a pro-Western government was formed in Kiev to the displeasure of Russia, which proceeded to work against Ukraine. In Iraq, a new Sunni force has emerged, the Islamic State, which is partly a traditional insurgency and partly a conventional army. Under the strategy followed until the chaos that erupted after the ouster of Moammar Gaddafi in Libya, the response to both would be to send US forces to stabilize the situation. Since 1999 and Kosovo, the United States has been the primary actor in military interventions. More to the point, the United States was the first actor and used military force as its first option. Given the global American presence imposed by the breadth of US power, it is difficult to decline combat when problems such as these arise. It is the obvious and, in a way, easiest solution. The problem is that it is frequently not a solution. Obama has tried to create a different principle for US operations. First, the conflict must rise to the level that its outcome concerns

American interests. Second, involvement must begin with non-military or limited military options. Third, the United States must operate with an alliance structure including local allies, capable of effective operation. The United States will provide aid and will provide limited military force but will not bear the main burden. Finally, and only if the situation is of grave significance and can only be dealt with through direct and major US military intervention, the United States will allow itself to become the main force. It is a foreign policy both elegant and historically rooted. It is also incredibly complicated. First, what constitutes the national interest? There is a wide spread of opinion in the administration. Among some, intervention to prevent human rights violations is in the national interest. To others, only a direct threat to the United States is in the national interest. Second, the tempo of intervention is difficult to calibrate. The United States is responding to an enemy, and it is the enemyâ&#x20AC;&#x2122;s

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tempo of operations that determines the degree of response needed. Third, many traditional allies, like Germany, lack the means or inclination to involve themselves in these affairs. Turkey, with far more interest in what happens in Syria and Iraq than the United States, is withholding intervention unless the United States is also involved and agrees to the political outcome. As Dwight D Eisenhower learned in World War II, an alliance is desirable because it spreads the burden. It is also nightmarish to maintain because all the allies are pursuing a range of ends outside the main mission. Finally, it is extraordinarily easy to move past the first three stages into direct interventions. This ease comes from a lack of clarity as to what the national interest is, the enemyâ&#x20AC;&#x2122;s tempo of operations seeming to grow faster than an alliance can be created, or an allianceâ&#x20AC;&#x2122;s failure to gel. Obama has reasonable principles of operation. It is a response to the realities of the

The problem that Obama has, which has crippled his foreign policy, is that his principles have not been defined with enough rigor to provide guidance in a crisis. world. There are far more conflicts than the United States has interests. Intervention at any level requires timing. US military involvement must be the last step. The principle fits the strategic needs and constraints of the United States. Unfortunately, clear principles frequently meet a murky world, and the president finds himself needing to intervene without clarity. PRESIDENTâ&#x20AC;&#x2122;S LIMITED CONTROL The president is not normally in control of the situation. The situation is in control of him. Presidents or leaders of any sort can gain control of a situation by not only generating principles but also in rigorously defining the INDIA LEGAL November 30, 2014

GLOBAL TRENDS/ us presidents/ foreign policy

Photo courtesy: The US National Archives and Records Administration

WHERE VISION BLENDED WITH TACTIC US president Richard Nixon (extreme right) and wife Pat with Egyptian President Anwar Sadat and his wife Jehan in 1974; Nixon was able to bring about a shift in Egypt’s pro-Soviet tilt through clarity of vision and Henry Kissinger’s stratagem

November 30, 2014

details of those principles, and applying them with technical precision. President Richard Nixon had two major strategic visions: to enter into a relationship with China to control the Soviet Union, and to facilitate an alliance reversal by Egypt, from the Soviet Union to the United States. The first threatened the Soviet Union with a two-front war. The second destroyed a developing Mediterranean strategy that might have changed the balance of power. Nixon’s principle was to ally with nations regardless of ideology—hence communist China and Nasserite Egypt. To do this, the national interest had to be rigorously defined so that these alliances would not seem meaningless. Second, the shift in relationships had to be carried out with meticulous care. The president does not have time for such care, nor are his talents normally suited for it, since his job is to lead rather than execute. Nixon had Henry Kissinger, who in my opinion and that of others was the lesser strategist, but a superb technician. The switch in China’s alignment became inevitable once fighting broke out with the Soviets. Egypt’s break with the Soviets became inevitable when it became apparent to Anwar Sadat that the Soviets would underwrite a war but could not underwrite a peace. Only the United States could. These shifts had little to do with choices. Neither Mao Zedong nor

Sadat really had much of a choice. Where choice exists is in the tactics. The level at which foreign policy turns into foreign affairs is not in the enunciation of the principles but in the rigorous definition of those principles and in their implementation. Nixon had Kissinger, and that was what Kissinger was brilliant at: turning principles into successful implementation. The problem that Obama has, which has crippled his foreign policy, is that his principles have not been defined with enough rigor to provide definitive guidance in a crisis. When the crisis comes, that’s when the debate starts. What exactly is the national interest, and how does it apply in this or that case? Even if he accomplishes that, he still lacks a figure with the subtlety, deviousness and frankly ruthlessness to put it into place. The same problem haunted the George W Bush and Clinton administrations, although their challenges were less daunting and therefore their weakness less visible. There is a sphere in which history sweeps a president along. The most he can do is adjust to what must be, and in the end, this is the most important sphere. In another sphere— the sphere of principles—he can shape events or at least clarify decisions. But the most important level, the level on which even the sweep of history is managed, is the tactical. This is where deals are made and pressure is placed, and where the president can perhaps shift the direction of history. Since the end of the Cold War, the United States has not had a president who operated consistently and well in the deeper levels of history. This situation is understandable, since the principles of the Cold War were so powerful and then suddenly gone. Still, principles without definition and execution without precision cannot long endure. IL

Courtesy Stratfor

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GENDER/ discrimination / makeup artists

Anil Shakya

FEMALE MAKEOVER yes, the time has come to ask for women makeup artists. with the apex court dismissing an archaic rule banning them in bollywood, the future looks bright By Vanessa Rebello 76

November 30, 2014

SMUDGED eye or a pale cheek on the sets of a Bollywood film have always been fixed with the shout of one word: “Dada!” Within seconds, a man would appear from the shadows with a sponge in one hand and a trusty makeup bag in the other. And soon, the kohl crisis would be averted. For 59 years, this role has always been played by men because of an archaic rule by the Cine Costume Makeup Artists and Hair Dressers Association (CCMAA), which didn’t allow women to be employed as makeup artists in the film industry. Finally, makeup artist Charu Khurana and the National Commission for Women took up the cause and petitioned the Supreme Court (SC) to do away with this rule. And on November 10, the SC lifted the ban saying: “We are in 2014, not in 1935. Such things cannot continue even for a day.” BRUSHED ASIDE Many a dream and aspiration has been crushed by this outdated, biased rule. Piyu Palkar, for example, started her career on the sets of director Ashutosh Gowarikar, who allowed her to assist other makeup artists and hang around

them to learn the tricks of the trade. Palkar assisted the likes of Mickey Contractor and Kapil Bhalla, who supported her wholeheartedly. Things were looking up, but it didn’t last long. She was eventually shown her place as a woman in the industry. “Jaywant Thakre (well-known makeup artist) was on a set and had started work when I asked permission to enter the makeup van. Much to my surprise, he refused to let me in,” says Palkar. He informed Palkar that she should become a hairstylist like other girls, because they weren’t allowed to do makeup in this industry. “I was so angry. I asked him the reason, but he ended the conversation by saying that the union (CCMAA) would make trouble for him.” He wasn’t far off the mark. Affiliated with the Federation of Western India Cine Employees—the mother body of all Indian cinema associations—the CCMAA is responsible for regulating membership of hairdressers and makeup artists in the industry and has refused membership to women for the last 59 years. Union members regularly visit film sets to check if anyone is violating the law and charge a hefty fine of `50,000 on people working without a union membership. GENDER BIAS But what was the reason for the existence of such a rule? While the common answer is that it was done to protect the interests of male makeup artists in the industry, there are other reasons. Palkar’s guru and makeup veteran, Pandhari Juker (fondly called Pandhari Dada), has been in the industry since 1961. “I asked Dada the reason and he said that women have never been able to work long hours, and perhaps that’s why the rule has been passed down,” says Palkar. However, Asha Hariharan, a veteran with 32 years experience in hair and makeup, says: “Earlier, makeup artists were not affluent or educated. It was important to keep in mind the security of the women who were employed, which is why a rule like this might have come into play. But those days are gone.” But there were ways to beat the system. Many women became personal makeup artists to celebrities. This allowed them to work with them across editorial and advertising genres. However, when it came to working on a partic-

ular film, it was not legal. “When people from the union came around, these women makeup artists would hide in the bathroom or pretend to be yoga instructors or such,” informs Palkar. Hariharan reduced her chances of trouble with the union by positioning herself as a “Look Expert”. “I’m responsible for the actor’s entire look, not just hair or makeup,” she explains. “I only get into makeup when absolutely required.” Actress Bhavna Ruparel confirms the presence of these artists in the industry. She has worked with a number of make-up artists, women and men. “Let’s face is, no one understands the shapes, contours and textures of a woman’s face as well as a woman,” she says. “It comes from the sheer number of hours we spend looking at ourselves in the mirror. Personally, I prefer working with women makeup artists, of whom there are a fair number in the industry. This SC ruling will make it easier for a new crop of women artists to enter Bollywood. Also, the existing ones need no longer hide.”

UNRECOGNISED TALENT (Facing page) Many women became personal makeup artists to celebrities to beat the system that banned them from the profession (Above) Women have been working only as hair stylists in Bollywood

WOMAN POWER the future of women makeup artists looks promising. “The film industry has been unfair and biased for far too long. It’s about time things changed,” says Palkar. Hariharan feels that creativity and talent are not exclusive to the male gender. However, he doesn’t consider the SC ruling a landmark one. “It has come too late for it to be called a landmark one.” The last word on this is Bhavna’s. “The days of the makeup artist always being a ‘Dada’ are gone.” Time for the make-up didis? IL INDIA LEGAL November 30, 2014

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INTERVIEW/ justice tnk singh

â&#x20AC;&#x153;Work honestly, fearlessly & effectivelyâ&#x20AC;?

It is a proud moment for Meghalaya as the state has been selected as the best legal service authority under the leadership of JUSTICE TNK SINGH, executive chairman of the Meghalaya State Legal Services Authority. The state was selected for the award by the National Legal Service Authority instituted by the Supreme Court of India. A paralegal volunteer of Meghalaya, Ksanboklang Kharshiing, was also given the best paralegal volunteer award. Soon after this achievement, Justice TNK Singh spoke to RAJSHRI RAI. 78

November 30, 2014

Congratulations on the award. What were the challenges you face in your work? Thank you. Meghalaya High Court is very young. It was established in March 2013. Meghalaya is covered by the Sixth Schedule. We may think that administration under this Schedule is simple, but it is complicated. There are many restrictions under which we work in administering justice. Paralegal volunteers are the bridge between MLAs and villagers and in 2013-14, our effort will be on legal carriage support centers. The paralegal volunteer will act as a missionary and be dedicated. This is hard work as we have to give legal assistance to the needy.

As you are from Meghalaya, do you feel the North-east is getting as much attention as it deserves? The North-east region is very volatile and I feel the judiciary needs to pay more attention to it. The government at the center too should not neglect this region and ensure it gets its quota in everything. The government should look into these lacunae.

There are crores of cases pending in courts all over India. Can a state-level authority and paralegal volunteers help reduce pending cases? Yes, cases can easily be solved and decided if volunteers act as a bridge and pursue people in disputes to resolve them. Under the guidance of Chief Justice of India (CJI) HL Dattu and Justice TS Thakur, executive chairman of the National Legal Service Authority, this will be possible.

There are many controversies around the judiciary today. How can we make it less controversial? The system functions quite well. In any case, one has to decide a case either in favor or against it. If a judgment is against someone, he will naturally say it is controversial. This is part of life. What we have to do is work honestly, fearlessly and effectively.

Meghalaya has a young court. Would this involve a lot of hard work? Yes, as the High Court is young, we have to work more. But remember, when your shot is short, you have to go one step ahead. So we are trying to go a little ahead. We have to work harder and run faster. How can the judiciary be more responsible and responsive to common people? People in Meghalaya thought the judiciary would not help them after the establishment of the High Court. But they have now realized that judicial officers are experts and their aim is to help people. They need to have trust in the judiciary and the filing of cases is now good. But this was not so in the past when cases would move slowly. Now, cases can be decided quickly because of the establishment of a new High Court. Also, the present Meghalaya government has its heart in the right place. It is giving all cooperation for discharging administrative functions and the people are reaching out to us.

What are your views about the collegium system? It is good, but I am not competent to comment on it. While the system itself is good, the question is how it will be implemented.

The rate of cyber crime is very high in India. Do you feel the judiciary is ready to face these challenges? No. But the system is already taking up the challenge of cyber crime and CJI Dattu and Justice Thakur have already set up a consultative committee to see how to prevent it.

The judiciary should hasten cases. Justice should be delivered fast, not after 20 years, as has happened in certain cases in the Allahabad High Court.

What are the challenges the judiciary is facing now? The main issue is the right inclination to hasten cases. Justice should be delivered fast, not after 20 years, as has happened in certain cases in the Allahabad High Court. How can the system be made more efficient? Our democracy has a legislature, executive and judiciary. Good government will translate into cooperation between all these three limbs and good understanding among them will lead to good governance. India has one of the most powerful judiciaries in the world. We will try and maintain that status and not do anything to jeopardize it. IL INDIA LEGAL November 30, 2014

INTERNATIONAL BRIEFS

ICC President calls for universal acceptance of Rome Statue JUDGE Sang Hyun Song, the president of the International Criminal Court (ICC), addressed the UN General assembly on October 30, 2014. He called upon all states to join the ICC and ratify the Rome Statute, which would lead to “global solidarity and commitment to peace”.

Tories’ take on extremism AN election manifesto of UK’s Conservative Party, will have what is called the “Extremism Disruption Order” that could curb outspoken public voices. Theresa May (right), home secretary of the party, spoke at an event on the threat of ISIS, and disclosed plans for the said order that would empower judges to prohibit citizens, deemed as “extremists”, from protesting or posting on social media without permission. Chancellor George Osborne went a step ahead in a letter to his constituents, saying that the goal was to eradicate extremism of all forms. Raising concerns on the curb of freedom of expression, a party spokesperson later did some damage control, saying the order was aimed to curb extremism, not the right to peaceful protest or free speech.

China for broader spying laws CHINA’S principal legislature body bought in a new counter-espionage law replacing the National Security Law, which took effect in 1993. This law grants security agencies the power to seize and hold devices, money and property, and has the right to ask an organization to change or stop their activities that are a potential threat to

national security. It also prohibits the possession of espionage items. This legislation was passed by the senior members of the National People’s Congress (NPC) by vote. Sun Baoshu, deputy head, NPC’s law committee, said the changes were essential to “prepare for a comprehensive and fundamental state security law”.

It was through the Rome Statute that International Criminal Court was established in 1988. Under the statute, ICC can only investigate and prosecute the four core crimes: genocide, crimes against humanity, war crimes, and the crime of aggression, in situations where states are “unable” or “unwilling” to do so themselves. President Song described in details developments in the ICC in the last one year—a first final judgment, six cases at trial stage, a ninth investigation and the acceptance of ICC’s jurisdiction by Ukraine.

Ebola and the law EBOLA has gripped America’s imagination. While most Americans responded positively when some passengers of a flight from Brussels, suspected of carrying the virus, were kept in quarantine, some questioned whether it was legal to quarantine a person suspected to be showing early symptoms of Ebola, which happen to be fever, headache and muscle pain. Quarantine or involuntary confinement is completely legal in the United States. And the federal government through the Centre for Disease Control and Prevention can hold or medically evaluate people travelling to and within the United States and even have the authority to enter flights and ships to determine whether quarantine is needed.

Cyber security vs privacy BRAD SMITH, General Counsel for Microsoft, while speaking at a Harvard Forum said there was a tussle going on between users, who demanded stronger privacy tools, and governments bent on breaking encryption for security reasons. Smith spoke about the adverse impact the National Security Agency contractor Edward Snowden’s revelations about US government accessing personal data through technology companies, such as Microsoft had. Smith informed that Microsoft, apart from better encryption, had also brought in their legal resources to resist sharing details of enterprise customers. —Compiled by Prithvi Yadama

November 30, 2014

1. Spell this blood disorder correctly. A: Thallasemia B: Thalassemia C: Thelesemia D: Thalasemia 2. Not the way to say “Hello”. A: Yo B: Getting any? C: Hiya D: Chow 3. On the verge of bankruptcy. A: On the rims B: On the knock C: On the beam D: On the blink 4. What are “palmy days”? A: Difficult period B: Old age C: Youthful days D: Good times 5. “As regular as ……” is wrong. A. clockwork B. the clock C. cock D. sunrise 6. In the altogether. A: Naked B: In sum C: All-inclusive D: For one and all 7. A billet-doux. A: Total bill B: Love letter C: Boulevard D: Newspaper

have fun with english. get the right answers. play better scrabble. By Mahesh Trivedi

8. The birds and the bees. A: Nature B: Life C: Common facts D: Sex 9. For the birds. A: Trivial B: Banned C: Adult D: Cheap 10. To pop one’s clogs. A: To jump B: To get ready C: To die D: To eat greedily 11. Cloth ears. A: Torn book B: One who does not listen C: Elephant ears D: Ear plugs 12. A cradle-robber …. A: kidnaps kids B: marries much younger woman C: is a pickpocket D: ill-treats kids

15. Correct the tongue twister. A: Sheila kneads, Sheena needs B: Sheena needs, Sheila leads C: Sheena leads, Sheila needs D: Sheila needs, Sheena leads 16. Every path has a …. A: thorn B: puddle C: price D: primrose 17. What’s B2E? A: Business-to-employee B: Boss-to-employees C: Business-to-engineers D: Business-toentrepreneur 18. Which body part is affected by nephritis? A: Nerves B: Nose C: Neck D: Kidneys

13. Who is a Joe Blow? A: Lustful person B: Man on the street C: Honest youngster D: Strict judge

19. Phagomania is a morbid desire to .... A: eat B: sleep C: lie D: talk

14. Only one of these has a singular form. A: Trousers B: Binoculars C: Scissors D: Sheep

20. Word made from another word by re-arranging letters. A: Homonym B: Contranym C: Antonym D: Anagram

ANSWERS

1. Thalassemia 2. Chow 3. On the rims 4. Good times 5. cock 6. Naked 7. Love letter 8. Sex 9. Trivial 10.To die 11. One who does not listen 12. marries much younger woman 13. Man on the street 14.Sheep 15. Sheena leads, Sheila needs 16. puddle 17. Business-to-employee 18. kidneys 19. eat 20. Anagram

Y L D R O W ISE

SCORES

0 to 7 correct—You need to do this more often. 8 to 12 correct—Good, get the scrabble board out. Above 12—Bravo! Keep it up! textdoctor2@gmail.com

INDIA LEGAL November 30, 2014

PEOPLE / religious rituals

2 1. PLEASING THE RAIN GOD Devotees solemnize a frog marriage in Nagpur. This is a traditional ritual observed by the rural folk to appease the gods to bring in rain and ensure a good harvest

2. DEVOTION AMID POLLUTION A Hindu woman worships the Sun god in the polluted waters of river Yamuna as part of Chhath puja festivities in New Delhi

3. ALL LIT UP A devotee with lighted oil lamps while offering prayers during "Dashain", the biggest Hindu festival in Nepal

4. SNAKE SNACK 3

A devotee offers milk to a snake on Nag Panchami in Jammu

5. PAIN AND FAITH A Shiite Muslim gets his child gashed with a knife during a Muharram procession ahead of Ashura in Mumbai

6. PATH OF FIRE A child walks on burning coal while participating in â&#x20AC;&#x153;aag ka matamâ&#x20AC;? ritual during Muharram in Lucknow Photos: UNI