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E D I T O R I A L P A G E |
![]() Thursday, March 25, 1999 |
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spotlight today's calendar |
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US
designs and India HEART
& MIND OF PAKISTAN |
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Violence
stuns Pakistans arts world Romance
of sparrows
Untouchability
struggle |
Punch not punchline IDEALLY debates in legislatures should carry punch. An opposition MLA in Tamil Nadu took this seriously and landed a big punch on a Ministers nose, causing a nasty cut. This is pretty ugly but what followed was uglier still. It led to a free-for-all and the Speaker sent the offending MLA to jail. He was clearly overstepping his power. He seems to have drawn an analogy with the presiding officer of a court of law who can award imprisonment on the charge of contempt of court after a summary trial. The Speaker realised the lapse the next day and persuaded an all-party meeting to move a resolution committing the MLA to a fortnight in prison. It was an unanimous vote and even the members of the AIADMK, the party the jailed MLA belongs to, voted with others. Their objective is simple. This is about the lightest punishment he could get for the hard blow. The Assembly could well have expelled him for the rest of the term, of about two years. Or a criminal case could have been launched, which could have resulted in rigorous imprisonment of at least a few months. Why not then settle for two weeks of simple imprisonment and also allow the furore to die down? But that is without reckoning with the shrill lady. Ms Jayalalitha is going about accusing the Speaker of partisan behaviour and the police of harassing another party MLA by denying him proper medical help. Of course, it is the continuation of her old charge that the DMK has hatched a big conspiracy against her and her party. Her over-reaction is natural. Only last month her former auditor told the police that she and two of her associates thrashed him, causing bloody gashes. As a news agency has reported, Tamil politicians are giving up the punchline in favour of real punch. The case of the attack
inside the Assembly is much more complicated than all
this. The Madras High Court has ordered the release of
the MLA on the basis of the first days order by the
Speaker. The Speaker has refused to take notice of the
court decision on the very justifiable ground that in the
Indian scheme of things the legislature and the judiciary
are supreme in their own spheres of activities and hence
he is not bound by the High Court order. But that does
not make the task of the police any easier. As experts
suggested, the MLA was released and rearrested outside
the prison on the basis of the Assembly resolution and
then wait for the courts response. This is the
second time in recent years that the state witnesses a
jurisdictional dispute between the Assembly and the High
Court. The first one ended inconclusively, in a draw. It
is safe to assume that this time too the result will not
be any different. |
HEART & MIND OF PAKISTAN THE Prime Ministers bold initiative in undertaking the bus trip to Pakistan nicknamed bus diplomacy by the media has raised hopes of improved relations between our two countries, if not resolution of some bilateral disputes. There is ambivalence in both India and Pakistan in assessing the event. While some dismiss it as euphoria which will dissipate on the bedrock of realism when intractable problems like Kashmir are on the agenda, others are hopeful of a step-by-step approach to all the disputes without formally saying so. That Pakistan under Mr Nawaz Sharif has not made the normalisation of relations with India hostage to a satisfactory settlement of the Kashmir dispute is seen as promising. Secondly, there has always been dichotomy between the friendship of the people of Pakistan for their Indian neighbours and their antipathy for India not merely the government. Over 30 years ago during the Ayub Khan period, I was intrigued by the phenomenon. Posted as a correspondent at Rawalpindi, then the capital of the country, I received unalloyed kindness from Pakistanis wherever I went Pindi, Lahore and Karachi (Dacca was out of bounds for most Indian journalists). They included fellow journalists, most politicians and quite a few officials. At the same time, most of them regarded India with hostility, for one reason or the other. Even if some of the vocal India-baiting was for the record, a kind of play acting, as an insurance for keeping company with an Indian, the anti-Indian sentiment was very much there. True, I could not and did not study the ethnic variations in Pakistani perception of and attitude towards India, except to note that the Bengalis were generally friendly some like H.S. Suhrawardy and the future Bangabandhu, Sheikh Mujibur Rahman, from what was then East Pakistan and Wali Khan, worthy son of the Frontier Gandhi, and his indomitable Begum from the North-West Frontier Province obtrusively, and others less formally. More recently, Pakistani participants at the meetings of the Pakistan-India Peoples Forum for Peace and Democracy have showed that their stand on Kashmir and achieving amity with India varies, with the Sindhis and the Baloch not keen on claiming Kashmir for Pakistan, and the Punjabis and the Pashtoons swearing by acquiring the territory of Jammu and Kashmir while oozing sympathy for the Kashmiris. Similarly, Indians from the South and the East are less Kashmir-centric in their approach to the India-Pakistan dispute while those from the North lay stress on Kashmir. Dr Mehtab Ali Shah, Professor of International Relations at the University of Sindh and a Sindhi by birth, has systematically studied and documented the ethnic variations in the security and foreign policy perceptions of the people of Pakistans provinces Punjab, the North-West Frontier Province, Balochistan and Sindh plus the saraikis or the inhabitants of the area where the borders of the four provinces converge, to show that Pakistan is far from being a homogeneous entity despite the over-arching Islamisation of its polity and society, and its long spell of military dictatorships. Bangladesh having become a separate sovereign entity was beyond his study. This is not far different from the situation in this respect from India and its multi-facetedness, sometimes bordering on chaos. Dr Shahs seminal study (The Foreign Policy of Pakistan: Ethnic Impact on Diplomacy, I.B. Tauris & Co, London) was obviously published (in 1997) long before this bus diplomacy was even conceived. It is an academic study uninfluenced by personal preferences. According to it, secession from Pakistan of what was then East Pakistan in 1971 sharpened the ethnic differences among the Pakistanis, which had lain dormant in the earlier 25 years. Two points that he makes in this context are significant. One, if East Pakistan had been contiguous with the rest of the country and not separated by a large Indian land mass, its secession would have had more direct and immediate impact on the other provinces, with the Sindhis and the Balochis opting to go the Bengali way. Secondly, according to Dr Shah, even if Pakistans intentions (and ill-conceived attempts) to foment secession in Indias Punjab, Jammu and Kashmir and the North-East succeed the heartland of India will not disintegrate. This brings into focus the very important fact that religion, despite its emotive power, is not a durable cement to keep different ethnic communities of Pakistan together. Shared religion was the raison detre of Pakistan perceived by its founder as a homeland of the Muslims of undivided India. The formation of Bangladesh was its first open repudiation. If ethnic factors determine the security and foreign policy agendas of the rest of the Pakistani communities, the two-nation theory is in tatters. Of course, Dr Mehtab Ali Shahs book does not directly deal with the two-nation theory. The insights which Dr Shahs study provides into the mind and heart of Pakistan should come in handy in formulating Indias policy towards Pakistan. First, the Punjabis and the Pashtoons who together dominate the Pakistan army and the establishment insist that Pakistan should support the secessionist forces in Jammu and Kashmir and Punjab to avenge the separation of Bangladesh and as a riposte for Indias alleged support to Sindhi and Baloch nationalists. They were also for Pakistan going nuclear to counter-balance Indias conventional superiority. They feel that Pakistan needs to keep the bomb for its own security vis-a-vis India, irrespective of the Kashmir dispute. There is no support from these circles for either a free trade area or for a confederation of India and its South Asian neighbours. Many Sindhi and Baloch spokespersons ... hold an almost opposite opinion on India because of their common cultural-ethnic affinities, historical legacies and geographical compulsions. Their solution for the Kashmir dispute is what is called the fourth option. It is to unite the two parts of the Kashmir valley, leaving the northern areas of Gilgit and Baltistan in Pakistan and Jammu and Ladakh in India. The united valley is to be a single demilitarised and neutralised state of Kashmir. Surprisingly, there is no acknowledgement of Kashmiriat or shared culture of Hindu and Muslim Kashmiris, nor is there any mention of the fate of the Pandits uprooted from their homes in the valley. But, as Dr Shah stresses, the Sindhis and the Baloch are opposed to the Khalistan idea because, interestingly, it will be the nucleus of a greater Punjabi state with Lahore as its capital. That will aggravate Punjabisation of Pakistan and further marginalise the Sindhis and the Baloch. Finally, how did the
Pashtoons who were staunch opponents of partition under
the leadership of Khan Abdul Ghaffar Khan, get to team up
with the Punjabis. The co-option of Pashtoons into
the state sector of Pakistan and the virtual
division of Afghanistan between Pashtoons and the rest
have destroyed an otherwise strong Pashtoonistan
movement. In terms of personalities, Zulfiqar Ali
Bhutto, although a Sindhi, catered to the dominant
Punjabi constituency while the action of Mr Nawaz Sharif,
a Punjabi, in curtailing the arbitrary powers of the
President by scrapping the notorious eighth amendment to
the 1973 constitution and declaring as null and void the
Council for Defence and National Security (CDNS)
dominated by Punjabis favour the
ethnic minorities. |
Consumer movement needs expansion IN the ultimate analysis, we are all consumers. Therefore, a major yardstick for assessing the maturity of a society is the extent to which it protects the interests of its consumers. The consumer movement in India has made some headway, but a lot more needs to be done by way of consolidation and further expansion. The enactment of the Consumer Protection Act in 1986 was a landmark in the growth of the consumer movement in the country. In view of the delays and frustration caused by the tardy procedures of normal courts, the Act stipulated the establishment of quasi-judicial consumer fora throughout the country which would redress the grievances of consumers regarding the goods and services purchased by them. Consumer fora were set up at the district level to entertain claims for compensation of less than Rs 5 lakh, state commissions were set up at state headquarters to consider claims between Rs 5 lakh and Rs 20 lakh, and a National Commission for the Redressal of Consumer Grievances was constituted in the Capital to adjudicate on claims exceeding Rs 20 lakh. Provision was made for an appeal to the next forum in the hierarchy. All decisions were supposed to be handed down within 90 days. However, the objective of speedy justice has been lost in the congestion and crowding that have resulted. A decision within 90 days is more an exception than the rule, with the result that a large cases are pending. Of the 12,28,363 cases filed so far before the district fora throughout the country, 9,46,868 have been settled, which means only 77 per cent. In Delhi, 6,38,854 cases were filed before the six district fora up to January, 1999. Of these, 46,031 cases have been disposed of and 17,823 are pending. The situation at the level of state commissions is equally distressing. Of the 3,709 cases instituted before the Delhi State Commission, only 2,302 have been settled, which means that 1,408 cases are pending. The plight of the National Commission is perhaps the worst. Of the total number of 14,500 cases filed before it, 6,000 are pending. On visiting the National Commission a few days ago, I was told that these days the commission is hearing cases of 1994! The commissions office was clogged by mountains of files. Inadequacy of the network of the consumer fora is only partly responsible for this unsatisfactory state of affairs. An equally important reason is the callous attitude of the state governments. At the inception stage itself the state governments were reluctant to implement the law and moved forward grudgingly only after Common Cause, a consumer organisation, petitioned the Supreme Court. Often, district fora and state commissions are rendered non-functional because of delays in the appointment of their members. Each district forum and state commission has a president and a judicial member and a non-judicial member, one of whom should be a woman. An order is valid only when signed by the president and at least one member. Information gathered by the Union Ministry of Consumer Affairs a few months ago revealed that of the 543 district fora in the country, 64 were non-functional because vacancies had not been filled. In UP, 32 of the 83 district fora were non-functional. Of the 32 state commissions, five were non-functional. Several others, although functional, had at least one vacancy. Further, several consumer fora suffer from lack of staff and other support infrastructure. Judges of the six district fora in Delhi recently wrote to the Chief Secretary in this connection. A meeting of the state commissions held in 1994 had recommended that the fora handling over 500 complaints should get a staff of 11. But most are functioning with half that strength, though the number of cases is often 10 times more. Doctors have from time to time raised a hue and cry that they should be exempted from the purview of the Consumer Protection Act. The Supreme Court settled this matter once and for all in November, 1995, when, in a case brought by the Indian Medical Association against a order of the National Commission, it removed all doubts about the applicability of the Consumer Protection Act in the case of doctors. A study conducted jointly by Dr Jagdish Singh of Sawai Mansingh Medical College, Jaipur, and Mr Vishwa Bhushan, an advocate, shows that consumer fora have been quite considerate towards doctors. In only 52 cases out of 183 were negligence charges upheld. Food and Consumer Affairs
Minister S.S. Barnala has indicated that the Consumer
Protection Act would be amended to make consumer fora
more effective. There is urgent need for one more chamber
at the apex level of the National Commission. More
district fora and state commissions are also needed. For
example, in the case of Delhi there is already a proposal
to add three district fora to the existing six. The
amount of Rs 60 crore the Centre provides to the states
to strengthen the infrastructure of consumer fora should
be doubled. |
Violence stuns Pakistans arts
world LAHORE: Devastated by the loss of artist Zahoor-ul-Akhlaq and his dancer daughter Jahanara, who were shot dead in their Lahore home, Pakistans arts world has decided to take a stand against the senseless violence that has become an everyday feature of life in the country. Zahoor, 58, was a giant in Pakistans arts world and the founder of the countrys modern art movement. But he was the very gentlest of giants and one of the few figures to be loved and respected by all shades of opinion in the often divided artistic circles. Jahanara, 24, was probably the most talented of the younger generation of classical dancers. With her potential, she may someday have overtaken even her ustaad (maestro), the famous Kathak dancer Nahid Siddiqui. The loss of Jahanara forced Siddiqui to ask in an emotional obituary, Where can people like us go? Should precious artistes become victims of the chaos this society has created? Or should they never come here, so that at least ... their lives are not taken away in such a brutal manner? Highlighting the need for action, Siddiqui asked, I wonder whether we realise that every one of us is in danger. A gun shot these days is considered no more shocking than a slap used to be in the past. While the citys arts world was shattered, the press and the police speculated as to the cause of the incident, in which Jahanaras fiancé Al Noor and artiste Anwar Saeed were also injured. But friends noted that what caused the killers anger is irrelevant. The point is that he could get hold of a gun, calmly walk into their house and make murderous violence the solution. When artistes, students, intellectuals and activists gathered at Lahores National College of Arts for a memorial for Zahoor on February 4, the day of his 59th birthday, they unanimously expressed their anger about the state of society. Democracy in Pakistan, said writer Suroosh Irfani, has come to mean the democratisation of terror. Human rights lawyer Asma Jahangir, referring to the fact that the killer was apparently given refuge by a parliamentarian before surrendering to the police, noted angrily, Killers can find refuge, but ordinary people cant find refuge in their own homes. It is not for us only to grieve, she stated, but for all of us to be fearful. Jahangir, who was defending a love marriage case in the Lahore High Court that week, added bitterly, It seems that it is easier to get away with murder these days than to marry of your own choice. Pledging to carry out his plans for a college mural, colleagues remembered the gentle Zahoor as the only Pakistani painter of genius, with a minor talent for slipping out of any argument. The younger generation of arts students was also deeply affected. One addressed the memorial gathering saying, We always thought this would never happen to us should we turn away? We should stamp our feet against this violence before it destroys everything. We must stand up and say no to this madness. Following the memorial, a silent procession against violence was taken out on Lahores main thoroughfare, The Mall. Carrying black flags and huge photographs of Zahoor and Jahanara, the 400 processionists marched up to the high court. Along the way, some asked the processionists what was it all about, but many simply turned their heads and carried on. Great grief, it seems, has become a usual affair in Pakistan. The procession was led by Nahid Siddiqui and Scheherezade, Zahoors life partner and herself an internationally famous sculptor. Scheherezade is determined that the loss of half of her family will make people stop and think. Astoundingly dignified, she hugged everyone who came to the memorial, saying, What times we live in! We must learn from this and gain strength from it all. A day after the February 20 chelum (the gathering to mark the end of the traditional mourning period), a memorial was held for Jahanara. Candles and earthenware lamps, photographs of this beautiful young woman, rose petals and marigolds adorned the auditorium. The theme was the immortality of the spirit and the need to halt the violence. Noorjehan, her younger sister, was the first to speak. Confident that Jahanara lives on somewhere in another space-time continuum, Noorjehan said that even though she could no longer see her sister physically, I can still feel you emotionally and youre making fun of me. Paraphrasing her favourite film director, Noorjehan pointed out the significance of a dancers life: It is not the image that is important, but the emotion that it evokes. Friends and family spoke of Jahanaras love of life, her concern for her friends, her delight in the use of foul language, her love of the colour red, her loud laughter, her deep bonds with her mother and father. Appealing to all those present to take heart and not be immobilised by grief, one friend remembered with a smile, I associate Jahanara with many things, but I dont associate her with tears. Siddiqui also refused to be cowed down by grief: I know she is still dancing, she said, adding that she envied the metaphysical freedom Jahanara has attained. Being liberated from the physical constraints of the body, let her dance freely! she said. Jahanaras uncle reminded those present of the need to relish the company of those they love for they may not be here tomorrow. Fortunately, at least home videos of her performances had been made, right from her first tentative experimentation to her last tour de force, revealing a dancer of grace and abounding energy. But dancing was just one of her talents. Some in the audience remembered her in the street theatre group Ajokas play Jalli Kithe Jave, the story of the loneliness of migrant workers wives and of the mistreatment of mentally disturbed women by faith healers, spiritual charlatans and doctors. Instead of playing the victim, Jahanara had brought the character a strength and power that condemned these social evils. Zahoor and Jahanara will be formally remembered. The National College of Arts, Pakistans premier arts school, has renamed a lecture theatre and a gallery in his honour. And in January every year there is to be a dance festival in Jahanaras honour a move which will be one in the eye of the orthodox. But the most fitting way of remembering them is the stand that artistes have taken against violence. As young director Zain Ahmed said at Jahanaras memorial, I have lost a friend and a colleague. How many more will it take before we do something? I dont want to lose the rest of my friends like this. Over the coming months,
one can be certain that violence will be the focus of the
work of many Pakistani artistes. WFS |
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