Agriculture Ordinances: HC directs Haryana DGP to implement police guidelines in D.K. Basu case during farmers’ protests - The Daily Guardian
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Agriculture Ordinances: HC directs Haryana DGP to implement police guidelines in D.K. Basu case during farmers’ protests

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In a latest, landmark and laudable judgement titled Haryana Progressive Farmers Union — Sabka Mangal Ho Vs State of Haryana and another in CWP No. 14874 of 2020 delivered just recently on September 18, 2020, the Punjab and Haryana High Court has directed the DGP Haryana to ‘sensitise’ police officials performing duties during these farmers protests against the three Ordinances regulating farming and agricultural sectors about the guidelines for police laid down by the Supreme Court in the famous DK Basu case. A plea was filed by the Haryana Progressive Farmers Union alleging that during the farmers protest against the Agricultural Ordinances on September 10, 2020, few unknown persons, some in police uniform and others without resorted to lathi charge to dispel the crowd. It is a sad commentary that even after 23 years of the famous DK Basu’s ruling, we still see that its guidelines are still not being implemented by the police in our country.

To start with, this noteworthy judgment authored by Justice Arun Moga of Punjab and Haryana High Court in oral first and foremost sets the ball rolling in para 1 wherein it is observed that, “Petitioner, a farmers Union, inter alia, seeks issuance of a writ in the nature of mandamus, directing the respondents, to ensure that police officers of all ranks while on law and order duty, particularly, during the mass protests/agitations, shall wear proper uniform with visible clear identification, their name tags with designations. Further prayer has been made that all the protestors detained or arrested, ought to be given immediate medical treatment.”

To say the least, para 2 then reveals that, “Learned counsel for the petitioner contends that, on 10.09.2020, when the farmers in Haryana, owing allegiance to the petitioner union, were on a protest rally, few unknown persons, some in police uniform and others without, resorted to lathi charge to dispel the crowd. He relies on the photographs appended with the petition, purported to be of the scene of occurrence. The farmers were protesting against three agriculture ordinances issued by the Government of India. In the said incident, numerous farmers, including many old aged, were allegedly injured by unknown police officials but even the basic medical care was not provided.”

Be it noted, para 3 then further reveals that, “Learned counsel relies on guidelines/safeguards laid down by Apex Court way back in year 1997 in “D.K. Basu v. State of West Bengal” 1997 (1) SCC 416. He contends we are in year 2020 and yet, 23 years later, the said safeguards are not being implemented in State of Haryana. Seeking compliance thereof, petitioner-Union submitted Legal Notice/Representation dated 12.09.2020 (Annexure P-5) but the same has not been adverted till date. Hence, the petition.”

Furthermore, while para 4 mentions “Notice of motion”, we then see how para 5 then discloses that, “Ms. Mamta Talwar, DAG, Haryana, who has joined proceedings on service of advance copy of the petition, appears and accepts notice on behalf of State of Haryana.”

For the sake of clarity, it is then mentioned in para 6 that, “Given the nature of order being passed, there is no necessity to seek any return and/or conduct further proceedings.”

Most significantly, it is then envisaged in para 7 that, “Directions issued by Apex Court and the envisaged procedural safeguards to be observed by police administration per D.K. Basu’s case (supra) are no doubt to be followed/implemented in strict letter and spirit. For ready reference, the relevant is reproduced here under:

“We therefore, consider it appropriate to issue the following requirements to be followed in all cases of arrest or detention till legal provisions are made in that behalf as preventive measures:

(1) The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the arrestee must be recorded in a register.

(2) That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest, at the time of arrest such memo shall be attested by at least one witness, who may be either a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be counter signed by the arrestee and shall contain the time and date of arrest.

(3) A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other lock up, shall be entitled to have one friend or relative or other person known to him or having interest in his welfare being informed, as soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of the arrestee.

(4) The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the Legal Aid Organization in the District and the police station of the area concerned telegraphically within a period of 8 to 12 hours after the arrest.

(5) The person arrested must be made aware of this right to have someone informed of his arrest or detention as soon he is put under arrest or is detained.

(6) An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the names and particulars of the police officials in whose custody the arrestee is.

(7) The arrestee should, where he so requests, be also examined at the time of his arrest and major and minor injuries, if any present on his/her body, must be recorded at that time. The “Inspection Memo” must be signed both by the arrestee and the police officer effecting the arrest and its copy provided to the arrestee.

(8) The arrestee should be subjected to medical examination by trained doctor every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the concerned State or Union Territory. Director, Health Services should prepare such a panel for all Tehsils and Districts as well.

(9) Copies of all the documents including the memo of arrest referred to above, should be sent to the Illaqa Magistrate for his record.

(10) The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.

(11) A police control room should be provided at all district and state headquarters, where information regarding the arrest and the place of custody of the arrestee shall be communicated by the officer causing the arrest, within 12 hours of effecting the arrest and at the police control room it should be displayed on a conspicuous notice board.

Failure to comply with the requirements hereinabove mentioned shall apart from rendering the concerned official liable for departmental action, also render him liable to be punished for contempt of court and the proceedings for contempt of court may be instituted in any High Court of the country, having territorial jurisdiction over the matter.

The requirements referred to above flow from Articles 21 and 22(1) of the Constitution and need to be strictly followed. These would apply with equal force to the other governmental agencies also to which a reference has been made earlier. These requirements are in addition to the constitutional and statutory safeguards and do not detract from various other directions given by the courts from time to time in connection with the safeguarding of the rights and dignity of the arrestee.”

In tune with the intent/ratio of the Supreme Court judgment, some of the above said preventive protections/directions, later on, by way of appropriate amendments in the Code of Criminal Procedure, 1973, have also been given legislative mandate.”

While disposing the writ petition, the Punjab and Haryana High Court then observes in para 8 that, “In the premise, without commenting on the merits of allegations/averments contained in the writ petition, the same is disposed of with a request to the Director General of Police, State of Haryana, to once again sensitize police officials of the state, on regular intervals, qua the aforesaid safeguards/parameters, to be followed by police officials while on duty. Regarding other allegations containing in the petitioner herein, the petitioner is at liberty to follow up its representation/legal notice, Annexure P-5, with the competent authority. Disposal of the present writ petition shall not be construed to mean that, if any genuine grievance is made out, the competent authority shall not look into the same. It is expected of the competent authority to pass appropriate orders qua Annexure P-5, in accordance with law, as expeditiously as possible.”

On a final note, it is then held in para 9 that, “In the parting, this court would also like to observe that the Director General of Police, State of Haryana, would do well by directing all the district police heads to ensure that a print out of all the 11 directions, per DK Basu, supra, are prominently displayed in a minimum font of 20 or 22, on a conspicuous notice board at the entrance of every police station in the State. Similar exercise, in fact, ought to be carried out in the State of Punjab as well. Registry is, therefore, directed to convey copy of this order to the Director General of Police, State of Punjab, who is also requested to do the needful, as aforesaid.”

All said and done, it is a no-brainer that the Haryana DGP must implement what the Punjab and Haryana High Court has held so clearly, cogently and convincingly on implementing police guidelines in DK Basu’s case and even the Punjab DGP is urged to do the needful just like Haryana. This will certainly ensure that the old and the weak are not unnecessarily lathicharged by the police which is the crying need of the hour also! No society and no country can ever progress where human rights are not respected in totality and so the human rights have to be accorded the highest priority always in our country. Even the Supreme Court will hear on October 7, 2020 the plea to revive DK Basu’s case to issue fresh guidelines to curb custodial torture. This is a very hot button issue and cannot be kept in cold storage any longer as it directly affects the people and agitates them when they see that the police beats them mercilessly without any strong reason! There can certainly be no denying it!

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Opinion

Why PM Modi can’t be Ronald Reagan

In a country where three-fourths of the population is either facing acute poverty or dependent on agriculture that is contingent upon the grace of rain gods, welfare spending becomes imperative rather than a choice. The lack of an Indian Reagan is partly due to electoral reasons but also partly due to the lack of an intellectual ecosystem that produces Reaganomics.

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On the eve of the 2019 elections, Ruchir Sharma, the chief global strategist at Morgan Stanley, expressed his disappointment for Prime Minister Narendra Modi in a New York Times column. According to Sharma, beneath the Modi rhetoric of “minimum government, maximum governance” lay a Bernie Sanders-like socialism including a welfare splurge, which disappointed a free-marketeer like him who expected a Reagansque redux of reform and small state. In a subsequent book, he ascribes Modi’s socialism to electoral exigencies instead of philosophical moorings.

Sharma’s analysis is partly true. In a country where three-fourths of the population is either facing acute poverty or dependent on agriculture that is contingent upon the grace of rain gods, welfare spending becomes imperative rather than a choice. Hence, when American political scientist James Manor asked P.V. Narsimha Rao who his role model was, he intuitively named social democrat Willy Brandt, the German Chancellor whose economics was animated by expanding both private capitalism and welfare spending. Astute politicians like Rao and Modi, both boasting a humble background, understand social welfare as a fait accompli in India. While Modi never publicly espoused the likes of Brandt as his hero, his former chief troubleshooter and strategist, the late Arun Jaitley, alluded to this balance: “Being pro-poor and pro-business are not mutually exclusive.”

But what makes a government pro-business? The Ruchir Sharmas sitting in global capitals are much more ambitious in their ask from what is termed as a right-wing government in India. They can grudgingly countenance an increasing welfare spending so far as reforms remain on track. Lesser taxes, divestment, and minimum state interference start their wish list followed by a range of expectations. Reagan and Thatcher personify their ideas of economic governance, and hence, they sum up their pro-business laundry list by citing these conservative British and American giants.

The lack of an Indian Reagan is partly due to electoral reasons but also partly due to the lack of an intellectual ecosystem that produces Reaganomics. President Reagan enacted policies that incubated in the American conservative movement for decades. The likes of the American Enterprise Institute and Heritage Foundation prepared the fine print that was impregnated with political will before those policies were finally conceived. Reagan was a heavy consumer of Friedmanite worldview even before he considered running for the presidency. However, it was The Heritage Foundation, headed by Edwin Feulner, that injected conservative principles and policies through a 1000-odd pages prescription-laden manual, which encompassed a potential policy outlook for all major US cabinet departments and federal agencies. To see these policies through, the Foundation manned key political appointments with suitable conservatives.

Thatcher’s story is no different. Her two steady sources of prescriptions were the Institute of Economic Affairs and then-inchoate Center for Policy Studies. Sir Keith Joseph, another Friedmanite and founder of CPS, is considered the most significant influence on Thatcher while she was in office. He chose to be the Secretary of State for Industry in the Thatcher administration and kicked off the divestment program in Britain on an unprecedented scale.

Coming back home, where are Modi’s Edwin Feulner and Keith Joseph? Where are BJP’s Heritage Foundation and Center for Policy Studies? Surely, Sangh has affiliate organisations working on economic policies—Swadeshi Jagran Manch (focuses on indigenous economic development), Bharatiya Vitta Salhakar Samiti (for finance and taxation professional), Laghu Udyog Bharati (for small and medium enterprises), and Sahkar Bharati (for cooperatives). These organizations, more than producing an economic canon that defines the Indian right, have mostly served as a feedback loop for RSS and BJP. Something that comes closest to a CPS is Vivekanda International Foundation in terms of personnel, but its impact on policy is not that evident.

Economics, it seems, is barely on the mind of even modern Hindutva ideologues. For example, BJP MP Swapan Dasgupta in his book Awakening Bharat Mata curated two dozen essays by the pantheon Indian right would like to venerate. From historian R.C. Majumdar to former Prime Minister Atal Bihari Vajpayee and current Sangh ideologue S. Gurumurthy, it features the writings of who’s who. The anthology attempts to collate and create a philosophical canon sans a single essay on economic thought.

Another BJP MP, Subramanian Swamy, now a little sidelined politically, produced his version of ‘constitutional Hindutva’ in his book The Ideology of India’s Modern Right outlining five dimensions that suggest how Hindutva can exist within a constitutional framework. To his credit, Swamy, an old free-market warhorse and professional economist, sporadically mentions minimalist state as a governance desideratum. His subsequent work Reset makes a modest attempt to add to his earlier work using the framework of Integral Humanism of Pandit Dindayal Upadhyaya but falls short of adumbrating a complete economic program.

The illustrations of two oft-visible ideologues broach the lack of clarity and focus on economic thought in the broader Hindutva intellectual imagination. Their relevance to and influence on policy, if at all, remain questionable. Somehow, the Indian right, too preoccupied to parry itself from secular salvos, have failed to produce an ecosystem that can moor itself in a coherent economic philosophy. Such an ecosystem has to function outside of the party in the quiet, away from the rough and tumble of incessant elections.

Finally, such an intellectual ecosystem not only incubates policies but reconciles economics with other priorities of the movement. When Tory Brexiteers faced the challenge of squaring business interests with their Euroscepticism, the policy ecosystem outside the party salvaged them. Through its extensive outreach, it also brought on board scores of businesses who otherwise saw Brexit as detrimental to their trade.

Ruchir Sharma is correct to predict that India would never have its Reagan or Thatcher. In toto import of Western economic conservatism would be both unsuitable and undesirable. Given electoral exigencies, an occupant of 7 Lok Kalyan Marg would never be able to sign-up for it either. India would need a cocktail of Sanders and Reagan is a given. The Reagan part of it still remains undefined, and to an extent, unimagined. It is high time for this intellectual vacuum to be filled by the Indian right drawing from two ancient ideals: Sarve sukhinah santuh (prosperity for all) and making India vishwaguru (a leading major economy).

Chirayu Thakkar is a Visiting Fellow at the Stimson Center, Washington DC. The views expressed are personal.

Ruchir Sharma is correct to predict that India would never have its Ronald Reagan or Margaret Thatcher. In toto import of Western economic conservatism would be both unsuitable and undesirable. Given electoral exigencies, an occupant of 7 Lok Kalyan Marg would never be able to sign-up for it either. India would need a cocktail of Sanders and Reagan is a given.

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RISE OF ABBAS SIDDIQUI WILL POLARISE BENGAL FURTHER

Joyeeta Basu

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Abbas Siddiqui

On Sunday, a show of strength was organised in Kolkata’s Brigade Parade Ground by the CPM and the Congress, along with the newly formed Indian Secular Front (ISF) of cleric Abbas Siddiqui. Reports suggest that the huge crowd was not mobilized by either CPM or Congress, but primarily by Abbas Siddiqui. He is the pirzada of Furfura Sharif, a religious shrine venerated by Muslims and thus may have a major influence on that community. Let’s make no mistake, in spite of the name of Siddiqui’s outfit, there is nothing remotely “secular” about ISF. Its whole politics is premised on religious identity; and it is representative of a particular minority community. ISF hopes to tap into their grievances and raise their demands at relevant levels, and find political representation in the process. From all accounts, the young Siddiqui already has got a fan following among the youth of his community and may play a decisive role in certain minority dominated seats in the Assembly elections starting on 27 March. In fact, this minority vote bank has a decisive say in at least around a hundred seats in Bengal’s 294-seat Assembly. This has to be seen in the context of the fact that it was the en bloc voting by the minority community that helped Mamata Banerjee come to power in 2011 and return with a landslide in 2016. This vote bank was created by the CPM-led Left Front and it was only when it shifted to Mamata that she managed to defeat the CPM, which should explain her party’s pronounced tilt towards this particular community; and she is quite open about it. In fact, even Congress’ pockets of influence in certain minority dominated districts such as Malda and Murshidabad are because of this particular community. However, there is major grievance in this community that the so-called secular parties have always used them as a vote bank, but have done nothing for them. Siddiqui hopes to tap into this grievance, while at least talking about broad-basing his “movement” by giving a voice to the marginalized in general.

The Communists, who have become irrelevant in Bengal politics with the rise of the Bharatiya Janata Party, are hoping to piggyback on Siddiqui’s ISF and get a chunk of Muslim votes and with that a few seats. Hence, CPM is going for a seat-sharing arrangement with ISF and is likely to give it around 30-40 seats to fight from. However, CPM’s ally Congress, or rather Adhir Chowdhury—MP and president of Congress’ Bengal unit—is not keen to join hands with ISF, in spite of what is believed to be pressure from the party high command in Delhi. This is primarily because, in the long run, Chowdhury’s minority vote bank in Murshidabad district may get dented with the entry of the cleric from Furfura Sharif. The state Congress under him is apparently unwilling to give the ISF even one seat in Murshidabad. Whether that part of the “secular” alliance works out or not, what is certain is that Siddiqui and CPM together have the potential to damage Mamata Banerjee in her stronghold in South 24 Parganas district in particular, where there is a substantial presence of minority voters. Until recently, the cleric from Furfura Sharif was seeking to be in alliance with Mamata Banerjee, but did not get any response from her. However, if Sunday’s show of strength by him is any indication, and if he manages to take away a chunk of Trinamool Congress’ Muslim voters, then sooner or later Mamata Banerjee may have to give space to Abbas Siddiqui, or else face an existential crisis, as her party’s political fortunes are totally dependent on this particular vote bank.

In the meantime, the rise of Siddiqui and the political legitimacy being given to him by the communists will further polarize, along religious lines, an already polarized state and deepen the divide in society. Whether this helps the BJP or not, will depend on the extent of minority consolidation for Mamata Banerjee and the counter consolidation of the majority in favour of the BJP. The other possibility of a hung verdict will depend on how far the CPM-led “front” can eat into the TMC’s and BJP’s respective votes. However, if there is a hung verdict, there is every possibility of the CPM, Congress, ISF and TMC coming together to form government in the name of keeping “communal BJP” out. In other words, BJP will have to sweep Bengal to come to power. Nothing short of that will do.

As for the rise of Abbas Siddiqui, only time will tell how his politics of religious identity will play out in Bengal.

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Opinion

Same-sex marriage: Undermining the bedrock of Indian society

The social unit of the family is the foundation of Indian society. Since ‘the Indian family system presupposes a biological man as a husband and a biological woman as a wife and the children born out of the union between the two’—as the Union government has argued—legalising same-sex marriages might turn the existing social order upside down and open a can of worms.

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The demand for the recognition of same-sex marriage has opened up a Pandora’s box of issues which question the very foundation of the institutions of marriage and family as building blocks of social, cultural and political life. The Delhi High Court is seized with the matter and the Union government has submitted its arguments on why it is opposed to the proposal.

When the Supreme Court was considering the issue of the validity of Section 377 of the IPC, which made homosexuality a criminal offence, the Union government had refused to give its opinion on the issue and left the matter entirely up to the Supreme Court. The apex court decriminalised homosexuality between two consenting adults. At that time, the government’s stand had been guided primarily by the argument that the government should not interfere in deciding the sexual preferences of people. There had also been many complaints before that about the law being misused to harass same-sex partners living together.

But decriminalising homosexuality is not the same thing as allowing marriage between people who identify as homosexual. The government in its affidavit has told the court that any change, such as recognising same-sex marriages, would create havoc in the delicate balance of personal laws in the country. “The Indian family system presupposes a biological man as a husband and a biological woman as a wife and the children born out of the union between the two,” it has argued.

The government has also argued that the registration of same-sex marriages would result in the violation of existing personal as well as codified law provisions such as the degree of prohibited relations, ceremonial and ritual requirement, etc. Decriminalising consensual homosexual relations in 2018 was “neither intended to, nor did it, in fact, legitimise the human conduct in question,” the affidavit has argued. It has also argued that any such change should be left to the legislature.

What is the purpose of marriage in society? Let us try to understand this without getting religion-specific since every religion has a particular way of looking at the family and they invariably sanction only heterosexual relationships. The purpose of marriage is not sex alone but the procreation of children who would become healthy citizens. If sex was the purpose, then society has many outlets, including the one provided by the amended Section 377.

For Mahatma Gandhi, marriage was exclusively for the procreation of children. British philosopher Bertrand Russell had said, “It is through children alone that sexual relations become important to society, and worthy to be taken cognisance of by a legal institution.” If culture, religion, tradition, societal mores, etc. shape constitutional laws, then these cannot be ignored without endangering the very foundation of society.

Heterosexual biological parents have a different kind of attachment to the offspring, as various sociological studies have shown. It is no wonder paternity leave is now being allowed to the father to feel equally responsible towards parenthood and does not leave things to the mother alone. Mother’s milk is scientifically the best for children since it helps boost immunity and the biological process makes a woman produce milk after she gives birth to the child. But homosexual couples cannot have their biological children and hence they may adopt children, but can they give the same love and affection and security which biological parents can?

It is argued that those heterosexual couples who fail to procreate either adopt children or undergo artificial insemination. Why can’t the same right be given to same-sex couples? But what is the guarantee that the children adopted would not become objects of exploitation? This can be true for even heterosexual couples, but the existence of a father and mother ensures that the adopted child is not subjected to exploitation. The web of relationships that marriage brings with it in the Indian context ensures that there are checks and balances.

Many sociological studies have shown that a child adopted by a single father or mother longs for the affection of the other parent. If the tender care of a mother is needed for the overall growth of the child, the careful guardianship of a father is needed too for the security and discipline it provides. The Indian family system is the smallest social unit. It has withstood the test of time. Cultural norms and values are imbibed in new members through the process of socialization in which not just parents but other relatives also take part.

Same-sex couples in the West have often argued that they don’t get respect from society. Homosexuality is a deviant behaviour. One can make laws to decriminalise it but can’t force society to change its orientation.

Aping the West would not do our society good. In most Western societies, people have become more and more individualistic and family norms are breaking. This is not true of the Indian society. Despite rising cases of divorce and conflicts in marriages, the institution has proved to be useful. Legislations have given a cushion to ensure that people who divorce each other are not exploited by one another.

‘Once gay, always gay’ is not true and there are many cases where a gay person has walked out of it and married in a normal way and lived happily. How do you ensure marriage and divorce laws for these people? There are chances that same-sex marriages may break after sometime and the couple may decide to live a normal family life. There are also chances that the prospect of a person marrying many times would increase. In the possibility of such instability, will the adoption and rearing of children in a healthy way survive?

It is not an issue of ‘liberals vs conservatives’ which we often see in the West. It is an issue of what these gay rights activists want to achieve. You want a share in property, but that can be achieved through mutual agreement. You want healthcare facilities, which are easily available to individuals. The right to be treated with dignity as a citizen belongs to all. You wish to bequeath your property to someone, you can do so. You can do the same with your insurance and other related issues. You can give the property you earn to anyone under secular laws. If you inherit your part of property from your parents, you can do the same once you inherit it. There is absolutely no problem.

And the biggest issue is that you cannot proclaim yourself to belong to a particular religion and then claim that the marriage granted by that religion should be applicable to you as well for same-sex marriage. This means you want to change entire religious beliefs. In Hinduism in particular, marriage is not a contract but a sacrament with associated notions of spirituality, commitment and responsibility. During many religious functions, the husband and the wife have to be together to perform the rituals.

A typical flaw with the same-sex marriage argument in India is that it seeks an amendment in the Hindu Marriage Act and the Special Marriage Act but does not talk of other religious practices. Can you change the law of the book? Are we prepared to say that there would be no personal laws since these violate the fundamental right to be treated equally? Can courts impose monogamy on the Muslim community in India? Why did policymakers in India work for the secularisation of Hindu laws but not for Islam? Why should the law say that polygamous marriage is prohibited for Hindus but allowed in Islam?

Gay activists have taken the right to be treated equally to ridiculous proportions. The law treats men and women based on biological differences and not on a subjective understanding of one’s sexual drive or orientation. It may also be a matter of conditioning as some studies have revealed more so in case of impressionable youths. Impressed by this conditioning, some have even gone for sex changes.

While it may have worked in some countries where people are more homogenous or where religion does not ordain secular life, it may create an explosive situation in India where religion plays a significant part in secular life as well. Religion is the source of morality, respect for each other’s lives, and values that define existence.

You cannot undermine an important social institution that has evolved over a period of time not because of law or legislation but because of its usefulness to society. Many aspects of law emanate from the concept of family. While trying to recognize same-sex marriage, there is surely going to be a disturbance of the very foundation of Indian social life. I am talking about all religionists residing in India since they come from the same stock and share the same culture despite their personal laws.

The next argument which is increasingly being made is the person acting as the female in a same-sex partnership would demand to be treated as a woman for participation in sports. If one’s right to be treated as a female is granted then biological reasons should not become a stumbling block for their right to be treated as a female. This can have disastrous consequences for society.

LGBT activists were right when they demanded that laws should not be used against them to suppress their freedom. Decriminalisation of homosexuality should be seen in that context. If there are other genuine concerns that should also be looked into, a legal framework should be provided to protect their rights. But this can happen even without legalizing same-sex marriages. In trying to be liberal and progressive, we are not going to turn everything upside down.

The writer is convener of the Media Relations Department of the BJP and represents the party as a spokesperson on TV debates. He has authored the book ‘Narendra Modi: The Game Changer’. The views expressed are personal.

It is not an issue of ‘liberals vs conservatives’ which we often see in the West. It is an issue of what these gay rights activists want to achieve. You want a share in property, but that can be achieved through mutual agreement. You want healthcare facilities, which are easily available to individuals. The right to be treated with dignity as a citizen belongs to all.

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AMOD KANTH RELIVES THE TROUBLED DECADE IN THE CAPITAL

Pankaj Vohra

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Amod Kanth has without any doubt been one of the most outstanding IPS officers, who served in the capital. Although, he could not become the Commissioner of Police, yet his professional achievements have been exemplary. In Khaki in Dust Storm, his maiden book on his tenure in Delhi, he has attempted to recreate some of the most horrific cases (from 1980 to 1991) which included the assassination of Prime Minister Indira Gandhi by her two bodyguards and the anti-Sikh riots that followed. He was also associated as a key figure in the investigation of Rajiv Gandhi’s tragic killing by a suicide bomber in Sriperumbudur and helped the Special Investigation Team constituted under D.R. Karthikeyan, to unearth the conspiracy.

Having covered the crime beat very closely for multiple newspapers including the Times of India and The Hindu, I have followed Amod Kanth’s career very closely. Therefore, it is with some authority that I can speak about his various accomplishments. He has been candid while admitting in his book that he was greatly influenced by iconic seniors such as Ved Marwah, K.P.S. Gill, Vijay Karan and Mukund Kaushal. He goes on to recall what Kaushal had told him once that if you are indispensable, then you are a bad manager. However, if you create a system, it shall even function without you. This is an important management principle. The celebrated police officer has been modest about his role which was very pronounced when Marwah was confirmed as the Commissioner. The Centre had sent S.S. Jog as Commissioner, following the Sikh carnage but the upright officer due to personal reasons wanted to return to Maharashtra, his parent cadre. It was then decided that Julio Ribeiro would be the next commissioner. Ribeiro’s name plate had been fixed outside the Commissioner’s earmarked residence on Alipur Road in the Civil Lines area. However, on 10 May 1985, a series of Transistor bomb blasts took place in parts of north India including Delhi. These terrorist acts were to avenge the anti-Sikh riots. However, within 48 hours, the Delhi Police which had Marwah as the acting Chief and Amod Kanth as the DCP, Central, worked out the case following the arrest of three prime suspects, Kartar Singh Narang, Mohinder Singh Oberoi and Mohinder Singh Khalsa. This was sufficient to make the Centre review its decision and Marwah, a legendary officer in his own right, was confirmed as the new Delhi Police chief.

Amod Kanth has also written at length about the murders of Congress leaders Lalit Maken and Arjun Dass as they were perceived by militants as amongst the people responsible for the Sikh genocide. The two murders were also linked to the assassination of General Vaidya in Pune as the missions were executed by Harjinder Singh Jinda. In fact, Jinda was first arrested by the Delhi Police team under Amod Kanth but escaped when his custody was handed over to the Gujarat police. He was again re-arrested by Amod and his men on a tip off provided by Ajit Doval, then working for the Intelligence Bureau. If Amod was inspired by some of his seniors, he also influenced a whole generation of his junior colleagues. Udai Vir Singh Rathi, then a Sub Inspector, was awarded the Gallantry Medal for his daring act of challenging members of the Ravi Subhash Gang on the Yamuna Pushta. It was a do or die situation and Rathi escaped unhurt after shooting Bharat Bhushan, a gang member. The Delhi Police had come under massive criticism for its inaction during the 1984 genocide. Amod Kanth was amongst the few officers who brought the situation under control in several areas of his district and for his efforts was awarded the gallantry medal along with the then Paharganj SHO, S.S. Manan.

My first meeting with this officer took place in 1980 when Dr Patole, a resident doctor of All India Institute of Medical Sciences, committed suicide which led to an extremely tense situation. Fortunately, he and his colleagues were able to defuse this volatile matter. After that I covered him extensively when he was the DCP of West District and Central District and also of the Crime Branch. In the book, he has referred to an incident where his superior officer tried to shield looters who had attacked the Sikhs in the Karol Bagh area at the behest of two Congress leaders.

Amod’s book is a must read because it provides perspective on how the police function. However, there are many other of his professional exploits which do not find any mention. It appears that he has reserved them for his second book. Other than police, he has distinguished himself as someone who worked against child trafficking and drug abuse through Prayas, his NGO. Amod continues to be revered by his police colleagues.

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Opinion

Long-standing issues and imperatives in higher education

Indian higher education provided in its majority of institutions needs a boost in its quality. Some of the important factors influencing quality are infrastructure, teachers and the teaching-learning process.

Ved Prakash

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School education and higher education have a symbiotic relationship as the former is the basis for influencing the quality of the latter. Higher education in real sense is the basis of social, cultural, political and economic transformation of the country. The role of the universities thus becomes of paramount importance. We need to emphasise that universities are not only for dissemination of knowledge, they have an onerous responsibility to create new knowledge in all domains as this is the perspective which is at the heart of the idea of a university.

The idea has been beautifully expressed in the Report of a Committee on “Renovation and Rejuvenation of Higher Education” chaired by Prof Yash Pal, where it states: “A university is a place where new ideas germinate, strike roots and grow tall and sturdy. It is a unique space, which covers the entire universe of knowledge. It is a place where creative minds converge, interact with each other and construct visions of new realities.  Established notions of truth are challenged in the pursuit of knowledge”. This vision of a university needs to be embedded into the thought process of the academic faculty and the students alike.

The annual growth rate of enrolment in higher education in India was frustratingly elusive until the mid-sixties. It showed some sign of improvement in the seventies when it registered an annual growth rate of about 2.5%. It remained in the commando crawl phase for a long time registering an annual growth rate of about 4-5% until 2005-06. Thereafter, it registered a sudden spike in 2012 crossing the Gross Enrolment Ratio of 20%. It was great but short-lived. Since then the annual growth rate has not maintained the same tempo, though the GER has crossed the 26.7% mark.

The current position reveals that the gender and social gaps seem to be narrowing down. Though the expansion process has accelerated during this century, it is still low for the country to become globally competitive. Therefore, there is a need to expand the system. It is also important to further pro-actively address the concerns of social and regional equity in higher education, as its futuristic agenda. This will require continued special support to historically disadvantaged groups for their faster, sustainable and more inclusive growth and enhanced effort to improve enrolment ratios and reduce drop-out rates, especially for girls among Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) and minorities. 

The expansion of higher education in India is accompanied by widening disparities across different regions, genders and social groups. The inter-state disparities in enrollment have increased over a period of time. Though the social disparities continue to be large, the disparities between gender groups are narrowing down. The state policies need to focus not only on expansion but also on equity in expansion. Some of the states like Bihar, Jharkhand, West Bengal, Uttar Pradesh, Rajasthan, Chhattisgarh, Madhya Pradesh, etc, need to accord greater priority to higher education in the coming years.

In spite of the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995, a large number of differently-abled persons continue to exist on the margins of the society and have yet to fully benefit from participation in higher education. Initiation of special action plans in consultation with the stakeholders need to be ensured so that their concerns are adequately met. 

Indian higher education provided in its majority of institutions needs a boost in its quality. Some of the important factors influencing quality are infrastructure, teachers and the teaching-learning process. Many universities and affiliated colleges have poor infrastructural facilities and face severe shortage of qualified teachers. In general, around 40% of the teaching positions remain vacant in many institutions which is a cause of concern. Scaling of teachers in the university system should become a priority agenda for the country.

The UGC established External Quality Assurance (EQA) mechanisms to carry out accreditation through the National Assessment and Accreditation Council (NAAC) in 1994, and the National Board of Accreditation (NBA) by the All-India Council for Technical Education (AICTE) in the same year. Internal Quality Assurance (IQA) mechanisms have also been established at the institutional level. However, the progress in accrediting institutions is very slow in India and a majority of institutions are yet to be accredited. Recently, the UGC has stipulated regulations that accreditation is a pre-condition to become eligible for funds. Similarly, the AICTE has made accreditation by NBA mandatory for all technical institutions. The ministry has also introduced another quality initiative in September 2015 in the name of National Institutional Ranking Framework (NIRF). This framework is used for ranking universities and institutions based on nine broad parameters. Efforts need to be intensified to meet the expectations in this regard as a significant input towards qualitative transformation of education.

Quality of higher education basically determines the level at which our university system is functioning. It sets a basic benchmark for ensuring the quality of mind of the youth coming out of the university system and their capacity to generate knowledge commensurate with developments taking place globally. In addition, it also has to ensure parity with international systems of higher learning. There is a need to move through the milestones which still have to be covered in bringing us closer to the coveted achievements in higher education. 

Curriculum reform is at the heart of what happens to the young minds in enriching them with knowledge and values and inculcates in them a spirit of inquiry, courage to question, creativity, objectivity, problem solving skills, decision making skills and aesthetic sensibility. Updating of curricula in different subjects was undertaken in 2013 in Central universities but this exercise needs to be attended to periodically so that our students do not learn things which may have to be unlearnt later. It may be helpful in reviewing some basic concerns, namely: Do our curricula in different subjects match indigenous expectations and also match requirements of international competitiveness? Do our assessment and evaluation procedures go beyond recall of information embodied as content of different disciplines? To what extent have we become at home with Choice Based Credit System (CBCS)? What curriculum transactional approaches will shift the focus from only teaching to ensuring learning?

Good teaching is as important as good research. Proverbially, we have focused on assessment of performance of our academic faculty largely in terms of their research publications. The result of this has been that faculty and students develop greater interest in increasing the number of publications unmindful of what the publications contribute to knowledge. It has added to sub-standard research. There has to be much greater focus of the faculty to produce quality research which meaningfully contributes to the body of knowledge. 

While research is important as a prime function of a university, it is no less important that the primacy to excellence in teaching is also catapulted to its place of rightful dignity. Good research has a symbiotic relationship with good teaching. Academics who have established their credentials as good pedagogues should also be treated at the same level as good researchers. Therefore, some fresh thinking is called for, namely: Should there be incentives for good teaching as for research? What parameters will assess it? Should we move to student assessment of teachers? Should publications of faculty on innovations in teaching not have parity with research publications?

Patents of innovations, based on research accomplished in the universities, have not received the attention they deserve. Multi- and interdisciplinary research, cutting across disciplines and the departments of a university, is confined only to a few islands in the university system. How do we ensure that interdisciplinary research takes firm roots in the culture of our universities? Can individual universities undertake substantive research initiatives to address issues of critical national importance like renewable energy, community health, climate change and disaster management? We have been talking about the university-industry interface to give a boost to research and development (R&D) for long, but there is not much headway. How this interface works in other countries could be studied so that we can adopt/adapt international best practices to strengthen this interface in our national context.

Creating Global Alliance for Institutes for Research, Innovation and Technology Development needs serious attention. It is admitted that establishing global alliance is more feasible among institutions operating at the same frequency of intellectual productivity as their counterparts in other parts of the globe. The issues of raising standards of research, innovation and technology development within the country would require to be addressed at various levels to improve the possibility of their becoming partners of a global alliance. Institutions that have had a long and reasonably good academic culture of research and innovations too have been facing serious procedural problems such as lack of administrative support, delay in clearance of research proposals, timely release of funds and institutional monitoring of research needs. Most of our universities need to strengthen the support for Intellectual Property Rights (IPR) related initiatives in order to encourage successful patenting as well as innovation in teaching and research. The problems which impede the intellectual output of the university system need to be mitigated for enhancing global partnership in higher education.

These are the long-standing concerns that have repeatedly been raised, debated and investigated in piecemeal manner with no end to problems faced by the ambivalent university system. The time is running out when the yesteryears’ fail-safe approach needs to be replaced by a shared understanding of the issues and the strategies to resolve them.   

The writer is former chairman, UGC. The views expressed are personal.

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Opinion

AVOIDABLE CONTROVERSY OVER THE MOTERA STADIUM RENAMING

Pankaj Vohra

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By renaming the newly-built Motera stadium after Narendra Modi, the Gujarat Cricket Association and the state administration have created a totally avoidable controversy which could cause acute embarrassment to the Prime Minister. Many of the BJP’s opponents have been most critical of the fact that Sardar Vallabhbhai Patel, whose name was synonymous with the venue, has been insulted. On its part, the BJP has been at pains to clarify that the stadium was going to be one amongst many that would be part of the Sardar Patel sports complex. The Prime Minister is an iconic figure from the state but there are many amongst his own party colleagues who believe that places should not be named after living persons. If that was happening in the past, it was wrong and should not be repeated. Two mistakes do not constitute a right.

The entire matter has snowballed into a political battle where the BJP is claiming that Wankhede Stadium is named after a politician and so is Chepauk in Chennai which is now known as the Chidambaram Stadium. The Chinnaswamy Stadium in Bengaluru and Rajiv Gandhi ground in Hyderabad are other examples. This may be so but renaming any place is like erasing history. In New Delhi, most of the roads that existed in Lutyens’ zone were given a new identity. The Curzon Road, for instance, is now Kasturba Gandhi Marg and the Willingdon Crescent is called the Mother Teresa Crescent. Similarly, Irwin Hospital was rechristened as Lok Nayak Jai Prakash Narayan Hospital and the Willingdon Hospital became the Ram Manohar Lohia Hospital. Very few people may be aware that many years ago, even the famous Eden Gardens was briefly renamed as Ranji Stadium but the old name was restored. In Delhi, there was a huge uproar when the historic Ferozeshah Kotla was named as the Arun Jaitley stadium, something which my university senior and friend himself would not have supported, had he been alive. Ferozeshah Kotla should always remain Ferozeshah Kotla and like cricket venues around the world, should have stands named after famous cricketers. The bust that needed to have been put there should have been of Lal Amarnath, independent India’s first cricket skipper who used to spend most of his time watching and guiding youngsters at this place.

There are cricket lovers who would have been pleased to have Vinoo Mankad’s name associated with the Motera stadium. The late Indian allrounder was perhaps the greatest cricketer who hailed from Gujarat. We must learn to honour our sportspersons. Milkha Singh became a legend in his lifetime but never got his due. Sunil Gavaskar and Kapil Dev, along with Bishen Bedi, E.A.S. Prassana and B.S. Chandrashekar, have been ignored for too long. Ajit Pal Singh was the most gifted hockey centre half of his time who led India to a monumental World Cup victory in 1975. Ramanathan Krishnan, Prakash Padukone, P.T. Usha, Ashok Kumar, Rahul Dravid and Salim Durrani have inspired so many youngsters.

The main point is that if many wrongs were done during the Congress regime, the party is now bearing the consequences. Surely, the BJP does not want to emulate the Congress by replicating the mistakes. It would not like to land in a similar position ever. PM Modi is the most popular leader of the country. His contributions would be acknowledged by posterity and he would get due recognition in history.

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