118 years of Trust M A I L B A G THE TRIBUNE
Monday, November 16, 1998
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Tottering judicial system

I FULLY share the feelings of Mr K.F. Rustamji as contained in his well-argued article, “The criminal justice system: drowning in a flood of litigation” (The Tribune, November 9). No doubt, the judicial system in question, so vital for a civilised society, is tottering and seems on the verge of collapse under its on weight.

As the percentage of “successful” state cases is woefully low, the law has virtually lost its deterrent value; the spurt in crime is inevitable under the circumstances.

The enforcement of law involves three agencies: the police, prosecution and the judiciary. Incredibly, rather than work in unison in a bid to achieve the desideratum, the aforementioned agencies seem to work like rivals, at cross-purposes, blaming one another for the gloomy development.

Whereas the police authorities maintain that the prosecutors, by and large, act lackadaisically and seldom pursue the cases with the requisite vigour, the prosecutors pass the buck back to the police alleging that the investigation of cases by the police in general is slipshod and thus they are simply called upon to contest “weak cases”. The police and the prosecutors have a grouse against the judiciary; it is generally alleged that the courts, by and large, initiate the proceedings in a case with the inexplicable presumption that the prosecution story is false. As a sad consequence of rickety functioning by the “engine of law”, even stark criminals get scot-free, to the acute chagrin of the law-abiding citizens. No wonder, the bane of lawlessness in society is gaining ground day by day.

To my mind, concerted and coordinated efforts by the three arms of law seem an imperative of the disturbing situation, failing which the desideratum would remain an ever-receding cry. Let the powers that be pause, ponder and beware!

TARA CHAND
Ambota (Una)

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For summary trial

The political currents being observed in the country are proving highly detrimental to the functioning of parliamentary democracy. The two general elections in 1996 and in 1998 have proved that the voters are on the horns of a dilemma. They are at a loss to decide which political party to vote for a stable and honest government so that the interest of the common man is taken care of on a priority basis. Leaving aside the national political parties, the regional and casteist outfits, the choice for the voter, looking for persons of integrity and honesty, is highly limited.

The only way to combat the prevailing malady is to ruthlessly deal with corrupt and selfish politicians, tainted bureaucrats and criminals through summary trials by special courts. The current judicial procedures give a long rope to the unscrupulous.

B. L. BANSAL
Chandigarh

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BJP’s N-policy

This refers to the article by Mr Kuldip Nayar titled “Indians, Pakistanis & the West: bomb as a status symbol” (The Tribune, Nov 11). I have been an avid reader of his articles for many years and have always found his views balanced and forthright but his criticism of the BJP-led government’s decision to go for nuclear tests is very unconvincing.

The writer seems to convey the impression that the BJP is solely responsible for the nuclear tests and their aftermath, which is an incorrect observation. The fact is that research in this field had been going on since the days of Indira Gandhi. The successive governments belonging to the Congress and the United Front had funded and supported India’s quest for acquiring nuclear weapons capability. The BJP government has only gone one step further towards the ultimate aim of making India a nuclear weapons power.

The writer’s contention that the decision to conduct nuclear tests was guided by “Domestic compulsions” and aimed at reaping “political dividends”, as “there was no immediate security threat”, is inaccurate, given India’s present geo-political situation. India is surrounded by two hostile nuclear weapon powers — Pakistan and China. This fact coupled with China’s military presence in the Bay of Bengal, its clandestine help to Pakistan in the latter’s nuclear weapons programme, its help to Myanmar for expanding its armed forces and the recent statements emanating from the Chinese establishment that they still do not recognise Sikkim and the North-East as part of India, point to a grave security risk. India’s threat perceptions are perfectly justified when viewed in this context.

GULBAHAR SINGH
Jalandhar

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Cong deserves applause

If we carefully go through the lists of candidates contesting the elections in Madhya Pradesh, Delhi, Rajasthan and Mizoram, we will find that the Congress is banking on young blood. As compared to the previous elections, this time more than 50 per cent of the party nominations have been given to the representatives of the youth. This is indeed a laudable step because the future of the country lies in the hands of the youth.

It also goes to the credit of the Congress party that none of the contesting persons has a criminal record. It is a different story that the criminalisation of politics was started by none other than the Congress, but, as it is rightly said, better late than never.

It seems the present leadership of the Congress has realised the mistakes committed in the past. It is good that now it has decided to do away with the criminalisation of politics.

This time the Congress also seems to be serious about maintaining the image of a truly secular party. It has fielded a record number of Scheduled Caste, Scheduled Tribe, backward classes, women and minority candidates.

This was for the first time when the party high command was determined not to allow any convassing within the party for the nomination of a candidate.

NARESH RAJ
Patiala

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Farmers’ plight

The report,“Torchlight march by the Krishak Samaj”. (Nov 10) shows the negligence of the Central Government as well as the state government. Because of this farmers have to fight for their rights against the Union Government.

We know that crops in most of northern India and some other states in the South have got damaged due to unprecedented floods. Now farmers are demanding relief from the government. But surprisingly, nothing has been done so far. It shows that the government had failed to come to the rescue of the farmers who were badly hit by the recent flood.

The Central Government should take immediate steps. A survey should be conducted in different states facing such problems by forming ‘cabinet committee’ and financial relief should be given to the farmers on the spot.

Farmers must be provided loans, seeds and fertilisers free of cost and special rebate in water and electricity bills, so that they could go ahead with rabi cultivation.

The Union government should announce a special financial package for the farmers immediately. Beside, the government can play a better role by providing employment or employment opportunities for landless farmers.

SUNIL DOGRA
Chandigarh

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50 years on indian independence

Rediscovering India

Mr Hari Jaisingh’s article “Rediscovering India” was interesting (Internet edition dated 30-10-98). It gives an insight into the problems being faced by the nation.

I fully agree with the view that “A person behaves differently when he is in the opposition and when he is in the ruling party”, as seen in the case of Sarasvati vandana.

I would like to emphasise here that most of the political parties are lacking in vision, wisdom and rationality in dealing with the issues affecting the life of the poor people on the one hand and the old and redundant education system on the other. It is a step in the right direction to assess and review the education curricula, but it should be in the right perspective.

The education system introduced in colonial India has not changed much and still bears the motive projected by the British. We have to overhaul the system to ensure our physical and mental development in accordance with the international standards.

It has been rightly said that India’s is a rich culture and there is no place in it for narrow-mindedness. But this does not mean that the country should lose touch with its rich traditions.

B. S. CHAUDHARY
Freiburg (Germany)

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