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What ails the
police? Where the
politicians call the shots |
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On
Record
Helping the Punjabi
farmer Profile Diversities
— Delhi Letter
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Where the politicians call the shots Today, the police are accountable only to the political executive at the district or state level. There is absolutely no departmental accountability whatsoever. Had the police been accountable to the law, there would have been no terrorism in Punjab or secessionist movement in Jammu and Kashmir. Rule 16.38 (1) has made the SP’s position in exercising control over his force ridiculous. According to this rule, the SP will inform the District Magistrate (DM) of any complaint of criminal misconduct against a police officer in connection with his official relations with public. The DM will decide whether a police officer or a First Class Magistrate shall do the investigation. The DM (and not the SP) who can punish even a policeman found drinking in public. Magisterial enquiries are always delayed. No wonder, police officials are keen on such enquiries. For about 45 years, attempts were on for revision, but in vain. The civil and police authorities openly await orders from their political bosses, i.e. the Chief Minister, before taking action. Corrupt officers cultivate senior officers and politicians. A particular officer may be corrupt but you cannot even withhold his promotion as he gets all the adverse remarks expunged even without the HoD’s knowledge. Investigating officers do not write the case diaries; literate constables handle this job. Leave aside SHOs, even the Moharrar Head Constables are posted on the recommendation of the local politicians. Obviously, they remain loyal to their political masters and not to their departmental superiors. Not many SPs inspect the police stations and their reports are not properly scrutinised by the Range DIG or DGP. Annual inspection reports are submitted to the government a full one year late which are neither read nor discussed in the State Assembly. In Punjab, the creation of Addl DGP (Internal Vigilance) didn’t help improve the situation because the complaints were being marked to the SSP. Subsequently, his report with a forwarding note of the Addl DGP was put up before the DGP. The District Complaint Authority, as suggested by the Supreme Court, will be the appropriate forum to address the people’s grievances. For the police, the party in power is the final arbiter today. The accountability, internal or external, is to the political boss and he is the supreme law. Police officers are also helpless. The ground reality is that transfer is the biggest punishment. Shifting family and arranging admission of kids in a new school mid-season is an agonising experience. State Security Commissions will be an appropriate statutory authority for the evaluation of police performance. It will also work as a forum of appeal against the illegal orders as also deal with the representations against arbitrary transfers and denial of promotions, etc. The security commission will not undermine the authority of the state government. The writer is a former Director-General of Police of Punjab. |
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On Record
TACKLING corruption has
been a big challenge for Mr Gopal Chandra Nanda, Director-General of
Police (Vigilance), Orissa. He is indeed a crusader against
corruption. Sincere and hard working, the 1974-batch IPS officer is
regarded as a good role model. Wherever he worked, including a stint
at Patna as DIG, CBI, he has created an indelible impression on his
staff and the general public. During his tenure in the Orissa State
Vigilance, a record number of cases have been registered against
several corrupt officers, political functionaries, industrialists and
contractors. In almost all cases, the accused have been arrested. This
has created a profound impact in the state. Having appreciated the
58-year-old officer’s efforts, the International Development
Committee of the British House of Commons has said that Mr Nanda’s
work "should be replicated in other states, and indeed countries,
where corruption is a significant issue affecting development".
He speaks to The Sunday Tribune in an exclusive interview. Excerpts: Q: IAS officer Binod Kumar’s arrest is a feather in your cap. How many more officers are involved in the Orissa Rural Housing and Development Corporation scam? A: We have
succeeded in our mission mainly due to the state government’s
support and commitment to root out corruption coupled with sincere
efforts of my colleagues. As regards corruption in the ORHDC, we have
registered 13 cases — eight against Mr Binod Kumar and 3-4 other
officers. A case of disproportionate assets has also been registered
against him. We have also registered cases against Mr Ch Amrit Lingam,
former Executive Director (Finance) who was heading the ORHDC prior to
Mr Binod Kumar. Corruption came to light in due course after audit,
non-recovery of loans, complaints received from different sources and
intelligence collected by our officers. Apart from some officers and
employees of the ORHDC, a number of private persons who availed
themselves of loans by fraudulent means are also involved. These
include some builders, so-called industrialists, traders etc. More
cases are likely to be registered. All these cases except one are
under investigation. One case has already been charge-sheeted against
Mr Ch Amrit Lingam and others. In this case, a private party involved
is yet to pay more than Rs 58 lakh to the ORHDC. Q: How long will
the trial go on? A: It is difficult to say. The existing four
courts are overburdened with over 2,000 cases pending trial. The
government has approved eight more courts in phases. This year, two
courts are being opened at Balasore and Cuttack. The State Assembly
has passed the Special Court Bill to ensure expeditious trial of
important persons involved in the disproportionate asset cases. This
will help reduce the burden of the courts. The Orissa High Court has
not approved the proposal of fast track court for trying vigilance
cases. Q: What about the sepoy scam? Former DGP N.C. Padhi,
Addl. DGP P.C. Mishra, two Commandants and 57 sepoys are involved in
the scam. A: The government and the State Vigilance received many
complaints from the aggrieved candidates regarding the recruitment of
sepoys. The government referred the complaints to us. After a thorough
preliminary inquiry, five cases were registered against the Selection
Committee Chairman and others. Two such cases have already been
charge-sheeted and in the remaining three, investigation has also been
completed and final forms will be submitted soon. Q: What are the
other important cases being handled by you? A: The State
Vigilance has registered 93 cases against IAS, IPS and IFS officers
and 316 cases against OAS, OPS and OFS officers. Six cases have been
registered against Mr Santosh Kumar Mishra, IAS, five of which have
been charge-sheeted and one is pending investigation. One case against
Mr Ramesh Chandra Behera, IAS, is pending trial. Every year we are
registering about 300 cases including 100 to 150 traps. During the
last four years, we have registered cases against 396 Class-I officers
and 106 disproportionate asset cases against 52 Class-I and 54
Class-II officers. Q: What about the Supreme Court’s directives
on police reforms? A: We need a new Act to tackle new challenges.
We need a congenial environment wherein the police can function
strictly in accordance with law, deliver justice to the people and
match their increasing expectations. The CBI can handle cases of
national importance and inter-state crime. Besides, it should be
authorised to take up cases against officers belonging to the
All-India Services under the PC Act regardless of their state cadres.
Q: Will the Centre’s plan to entrust complete authority of law
and order to the Superintendent of Police help improve the system?
A: This will make the District SP more accountable and
effective. In the proposed Police Act, the SP will be held responsible
for law and order, prevention and detection of crime. The Collector
and District Magistrate will play the role of a coordinator during
natural calamity or war-like situation. Q: How can the image of
the police be improved? A: Our police force is much better than
that of any European country, the US, Japan and South Korea. People
should appreciate the constraints under which the police work. I
strongly feel that there are many good people in the police force who
can rise to the occasion if their day-to-day requirements for due
discharge of their official duties are addressed. Q: What is your
message to the corrupt officers? A: We are doing our best with
limited resources to contain corruption. My message to the corrupt
officers is that corruption will prove too costly for them and the
risk is not worth taking. |
Helping the Punjabi farmer Ruchika
M. Khanna’s series, “Life on the edges” (Sept 25-28) does not present a true picture of the generations-old socio-economic relationship between a Punjabi farmer and farm
labourer. True, with mechanisation of agriculture, influx of cheap labour and changed socio-economic conditions, the relationship needs to be reformed. However, it is still the best bet. For, it is much more than an employer-employee relationship that ensures reasonable social and economic security for the unorganised agriculture
labour. The word ‘landlord’ creates an image of a person who owns hundreds of acres of land, generally absent form his fields, lives in a palatial
haveli, engages an underpaid army of servants and farm labour and so on. The tribe of such landlords is almost extinct. Today, a typical Punjabi farmer does not fit into this feudalistic framework. Of nearly 10 lakh families engaged in agriculture (2000-2001), about 80 per cent are small middle level farmers owning five acres; hardly 7 per cent are big farmers owning 25 acres and above of agricultural land. The small and middle level farmers are the backbone of Punjab’s agricultural sector. A villain is made out of the farmer for advancing loan at hefty rates and reducing the worker to the status of a ‘bonded labourer’ forced to work year after year. The prevailing rate of interest is Rs 1.50 to Rs 100 per month or 18 per cent to 24 per cent per annum. Obviously, it is high. But when compared with the rate charged by arhtia from the farmer (18 to 24 per cent) and actual cost of money available in the urban market and the risk factors, it is not exorbitant. In reality, the farmer, who is himself in a state of financial siege due to increasing input cost, unremunerative price for the produce and resultant indebtedness, is reluctant to advance loan to the worker. This reluctance is enforced by the fear of losing the hard-earned money due to unforeseen circumstances such as desertion and physical infirmity. There is little legal protection available to the farmer in such an eventuality. In contrast, the farm worker insists on taking the entire salary in advance along with the agreed loan amount. Owing to the high cost of living and consumerist culture, the farm labourer insists on taking the easy loan from the farmer, but is in no mood to clear the debt. Over the past six years, I have appreciated the essence of the time-tested relationship of the farmer and the farm labourer. While the banks, state-run and private financial institutions shy away from providing quick and easy financial security to the farm worker, the farmer stands by him. He advances him money at short notice without paperwork and security. The only guarantee is mutual trust and social tradition. The state has also failed to provide health and old age security. In government hospitals, a labourer has to pay money beyond his reach for medicines and procedures. The winds of change are blowing. Because of financial squeeze and increasing labour problems, politically motivated agitations and confrontation, social tensions, compensation suits and influx of immigrant labour, the Punjab farmer is switching over to labour saving mechanised farming and contract labour. This change is advantageous, but is at the cost of regular employment, particularly of desi (local) workforce, and casual labour adding up to rural unemployment and social insecurity. No doubt, the existing system of engaging agriculture labour has its shortcomings. Compared to a worker in organised industrial sector, the farm worker has no fixed working hours and weekly holidays. He has to toil in field from dawn to dusk in adverse weather conditions, often at night to water the fields. He is ill paid and has no social security. In largely followed wheat and paddy crop cycle, there are two lean periods of about two months each between sowing and harvesting seasons, when the farmer and the labour have little work to do. There is no small scale or cottage industry in villages where they may invest their free time and earn. Many of these shortcomings are in-built in agriculture processes because of poor infrastructure and affect the farmer as well. These cannot be removed by applying industrial labour laws pari passu to agriculture sector or by the farmer alone. Constructive intervention is necessary to put in place suitable agriculture labour laws and social security systems and improve the infrastructure, especially power supply. Engagement of a farmer and farm labourer is not limited to working in the field. It is a comprehensive socio-economic engagement of two families. They participate in each other’s religious and social functions, share joys and sorrows and stand by each other through thick and thin. They partake produce of land in the form of grains, vegetables, fodder, fuel etc. So much so they are often partners in crime, family feud, murder or illicit distilling.
The winds of change blowing in the wake of economic reforms have greatly eroded the old harmonious village society and led to ethical
vacuum and social fissures. The village society is in a state of redefining itself. Thus, it is wrong to equate the Punjabi farmer and his work-hand with a labour contractor and bonded
labour, generally from Rajasthan or Bihar engaged in brick manufacturing, road construction or other building activities. To brand them as such for the purpose of waging a class war to serve political motives is another kind of exploitation. For the farmer and the farm
labourer, agriculture is a way of life, a profession they have inherited from their forefathers. They have also inherited the customs and traditions to nurture a harmonious village society. These need to be reformed and preserved at least till the state puts in place agriculture labour laws and social security systems. Confucius aptly said, “Harmony is something to be cherished”. China, after decades of socio-economic confrontation, is harking back to Confucianism to reconstruct a harmonious society. Why should we destroy what we have? The proud and hard working Punjabi farmer deserves empathy and support to prosper and live in peaceful harmony, and not
persecution. The writer is a former Chairman, Income Tax Settlement Commission, Chief Commissioner of Income Tax, Government of India |
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Profile Going by 62-year-old Ban’s 36-year-long record as a diplomat, feel those who backed him, he should be able to handle the complex problems confronting the UN. This is for the first in his long career that Ban heads an
organisation. A fellow diplomat choose to put it, “this will be the first time he has ever been his own boss”. Ban’s first diplomatic posting, incidentally, was in New Delhi followed by Washington. He was also at the UN and in Vienna. His impressive performance pitch forked him to the coveted post of South Korea’s Foreign Minister two years back. Four decades back, Ban’s position was number one among the diplomats waiting for their first assignment after an arduous training. He was first offered an assignment in the Korean Embassy in the US. However, he volunteered to work in India. He choose New Delhi as he had to financially support his family. Staying in the US, recalls his brother
Ki-sang, would have been costly and saving money was an impossible task. Working in India, Ban came close to Lho Shin-young, the then Consul General of the Korean Consulate in New Delhi. Later, Lho became Prime Minister of Korea. Posted to India to help establish bilateral ties, Lho had greatly influenced Ban’s diplomatic career. He noticed in young Ban, agility, diligence, good judgement and superb knowledge of English. Lho was later quoted as saying: “Ban was newly married when I met him. He would help me and do many things in India to improve bilateral relations”. When Lho became the Prime Minister, he appointed Ban as Senior Protocol Secretary to the PM. That was the start of what was Ban’s unstoppable rise through ranks. When Ban was born, South Korea was under Japanese occupation. That was the year 1944, a year before the Second World War ended, and he spent his childhood under the shadow of the Korean war. Ban turned out to be a studious child, a first grader, always a topper in his class. When he was a middle class student, his English teacher told the students to write what they had learned on the day 10 times. Ban faithfully followed and that way memorised whole English sentences. He came second only in the National Diplomat’s examination and so depressed was he that he told his parents: “I have always been on the top. This is the first time in my life that I have stood second”. He worked hard and regained number one position among the new diplomats waiting for their first posting and opted for India. There was time when Ban’s family fell in bad times; his father’s warehouse business collapsed and the firm declared bankrupt. Used to living in an affluent environment, Ban had to work his way through school. Later, he received his bachelor’s degree in International Relations from Seoul National University. As he prepares to take up the UN’s top job, Ban confesses that he may appear too soft for the world’s toughest diplomatic post. However, he adds, “I may look soft from outside but I have inner strength when it is really necessary. I have, at times, been very decisive”. The challenge to Ban when he takes over as the UN Chief in January has been daunting indeed. Politically, the UN, which was conceived as a link among nations, has become the arena of new confrontation between the so-called Third World countries and the industrialised world. Even Kofi
Annan, who has done so much for the underdeveloped world, was not spared of his clash. A major African daily has described him as “the African who serves his white masters”. It was a memorable day on Wednesday last week when Ban Ki Moon swept into the UN Headquarters. He was virtually gheraoed by media persons and what followed turned out to be an impromptu press conference. The Secretary General-designate listed three immediate priorities after takeover. First, he is determined to make the UN more efficient and relevant too to face the challenges of the 21st century. Secondly, he proposes to inculcate trust and confidence among the member states and also major stakeholders. And thirdly, he would try to ensure consolidation and coordination among the UN bodies to enable them use the limited resources and manpower for helping the humankind. “Our
organisation has been overstretched. We have limited resources, limited manpower. We need to provide more to keep our promises to the needy places of the world”. This was his promise to the
world. |
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Diversities — Delhi Letter The
French government has conferred the highest French distinction, ‘Officer of the Order of the Legion of Honour’ on Amitabh Bachchan. It’s rather amazing to know how in 1802 Napoleon Bonaparte had instituted these special awards. The French are carrying on the tradition. Some famous personalities who have been awarded this honour earlier include Steven Spielberg and Gérard Depardieu. In India, renowned film director Satyajit Ray and sitar maestro Ravi Shankar got this award earlier. In some cases, the French seem to be taking the lead. On July 14, the French government had bestowed the highest civilian honour, ‘Chevalier de la Legion d’ Honneur’ on the Gujarat-based Jesuit priest Father Cedric Prakash for his commitment to human rights. And now comes the news that the National Commission for Minorities is bestowing the Minorities Rights Award 2006 to Father Prakash. The award will be conferred on him on Dec 18, Minority Rights Day, in New Delhi with this backgrounder, “Fr Prakash has been championing the cause of the minorities in Gujarat and in other parts of India. His very visible stand in defence of the victims of the Gujarat Carnage of 2002, brought world-wide attention to their plight. He also testified before the US Commission for International Religious Freedom in Washington. Fr Prakash has always been in the forefront whenever minorities have been attacked and has been a strong opponent of the controversial Gujarat Freedom of Religion Act, which he describes, is violative of the fundamental human rights of a citizen…”
Last week, there was some focus on the continuing turmoil in Manipur when Irom Chanu Sharmila arrived in New Delhi to continue her six-year-old hunger strike demanding repeal of the Armed Forces (Special Powers) Act in the state. Tragic is the ongoing state of affairs in Manipur. This summer, when I had last met the well known writer and Jnanpith award winner Indira Goswami, I asked her what made her take on this task of helping in the peace talks between the Centre and the ULFA. She told me that it’s important for apolitical people to help restore peace so that innocent young lives are saved. Whilst going through a volume on the North-east, brought out by the IIC, The IIC Quarterly (Monsoon-Winter 2005), there is an interesting interview she had given to Sanjoy Hazarika and Geeti Sen. She talks about the militancy in the region and how it can be sorted out through saner means than through senseless killings. It’s very sensible interview as she has been very honest in her views and observations. She says, brutal force and the boot does not bring about peace. There has to be a genuine dialogue process by apolitical people who can deal with the problems in a humane and sensitive way. The IIC’s special volume takes you to the wonders of the North-east through the power of words you get connected to that sector of the country and it’s people and the problems they face…
At the just concluded Festival of Arts at the India International Centre, one was lucky to attend one of the finest exhibitions in recent years. It was on the Rampur Raza Library. Situated in Rampur in Uttar Pradesh, it was founded by the first Nawab of the Rampur State, Faizullah Khan (1774-1794). However, since it acquired eminence under the late Nawab Raza Ali Khan, it’s named after him. Today, it’s an institution of national importance under the Union Ministry of Culture. This unique institution houses 17,000 manuscripts, 5,000 miniature paintings, specimens of Islamic calligraphy and more.
Pran Nevile on bygones If there would be an award for an individual to focus on bygones, it should be given to Pran Nevile. A former diplomat, he is passionate about writing on the bygone legends. I have been re-introduced to the musical genius of Saigal, Suraiyya and many others through the concerts he organised in the Capital. One of the forthcoming ones, to be held on Oct 30, will focus on Begum Akhtar. He had known her and probably been so fascinated by her singing prowess that till date he remembers the minutest details of her ghazals. He is determined to bring them to life next
fortnight. |
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