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O HERALD O
Justice Delayed = Justice Denied
Vol No CX No: 138 Goa, Friday 28 May, 2010
Caste, creed and census
T
he census is not just a count of the country’s population; it is an essential tool of governance and planning for development. With the process for the 2011 Census of India already underway, a number of people’s representatives cutting across party lines have demanded that caste be included as a category of enumeration in the coming census. This has thrown up a huge controversy, with different political forces expressing different opinions on the issue. While the Bharatiya Janata Party (BJP) was initially vocal in support of including caste in the census, after the Rashtriya Swayamsevak Sangh (RSS) strongly opposed it, the party has preferred to say no more on the subject. Other backward caste formations like Lalu Prasad’s Rashtriya Janata Dal (RJD), Mulayam Singh’s Samajwadi Party (SP) and Mayawati’s Bahujan Samaj Party (BSP) naturally want caste included. In the ruling Congress, opinion is divided down the middle, but many of the UPA allies are pushing for caste to be included. Proponents say that since caste is part and parcel of the structure of Indian society, there is nothing wrong in getting a more accurate picture of the caste composition of India through the census. The problem is, caste as a category was last used in the 1931 Census of India. After independence, Mahatma Gandhi and Jawaharlal Nehru were not in favour of giving caste too much prominence, as the scheduled castes and tribes had been given reservations that were expected to end caste-based inequalities within 10 years. Consequently, from the very first post-independence census in 1951 onwards, enumeration of castes was discarded as a category, except in the case of scheduled castes. In the ’90s and after, however, reservations were extended to the ‘Other Backward Castes’ in education and jobs. And the politicians who represent people of these castes are the ones demanding the inclusion of caste in the census. It appears they want to know whether the 27 per cent quota in jobs and education given to OBCs is sufficient or not. India is rapidly urbanising, and caste distinctions are much less acutely felt in the cities, so India Inc has registered its strong opposition to inclusion of caste in the census. However, it would surprise many to know that the ongoing census in the United States of America (USA) – arguably the most ‘advanced’ nation in the world – has a detailed section on race, origin and ethnicity. In fact, the addition of the word ‘negro’ as an alternative description of African Americans raised a minor controversy in the country. Interestingly, one of the race/ethnic categories in the ongoing US census is ‘Asian-Indian’, recognising that Indians are now a significant minority in that country. Problems can and do arise in census issues, especially when they are used for political mobilisation. We in Goa are all aware that our ‘Marathivadis’ used to campaign among Hindus, before every census, urging them to record their mother tongue as ‘Marathi’ and not ‘Konkani’. That their campaigns never succeeded is another matter. But it shows the dangers of making the census a political issue. Collecting caste-based data itself will be a major challenge, as it has not been attempted after 1931. Besides, it could encourage respondents to deliberately misrepresent facts, because they know that the data is likely to be used to decide reservation policies. Mobilisation around caste identities in the census can have dangerous consequences. Not only will it lead to distorted data, we face the possibilities of increased social tensions and large scale disruptions – as we saw in Rajasthan in 2008 – from agitations to claim caste-based benefits. However, if all political forces reach a consensus to avoid all campaigns before and during the census, caste enumeration will merely give us the numbers, enabling a more accurate picture of caste numbers in the country. And if the government ensures that the right use is made of such statistics, it could be a useful exercise overall.
Air India strike - I Wenzel D’Mello, Mapusa. The recent Air India strike which led to the cancellation of over 130 flights, inconveniencing more than 13000 passengers and logging in to a loss of more than Rs 12 crore needs to be condemned. This type of behavior by the striking employees for silly reasons should not be tolerated and Air India management has done a right thing of taking stern action the union members. A certain percentage should also be deducted from their salaries which will act as a deterrent to future strikes due to frivolous reasons. Already the image of Air India has taken a battering with the recent tragic Mangalore air crash and now this strike after a few days has disillusioned passengers
100 Years Ago PRIMEIRO DIARIO NAS COLONIAS PORTUGEZAS
28 May, 1910
With the lack of what might be termed as Constitutional indications, our Government is displaying its tendencies to cling to the Power Chair come what may. Due to the dearth of what is deemed to be necessary, the circulation of Postal Stamps of One and half Rupees with earlier standard, were allowed. a new periodical titled as “Vulcan”, is going to be launched from the environs of Salcete. It is reported that the Law in vigor in the Overseas Provinces is going to be gripping in regards to age limits to its serving officers. Two years have lapsed since a soldier was imprisoned as he did not know the language to defend his case. However our Government can do nothing about it. The unfortunate soldier will continue to languish in his cell although there are reports that the same soldier has been absolved and declared innocent by the Military Tribunal.
C
There is no earnest commitment to solve legal cases as soon as possible writes CAETANO DE ABREU
omplacency, unwarranted pity, and hoping against hopes for Justice to be delivered promptly, are the three stressful ingredients for a total disaster, which I may elaborate partly because constraints abound over my extended prose which ought to be limited. I should admit that this article cannot travail the ignominy of being chopped while on editorial board just because I have an urge to unnecessary lengthen the same which may be deemed as utter rubbish. Nevertheless, in regards to this article, there is a paradox in delivering the much needed Justice, which in short run can procure some relief of sorts. However, being aware of the nuances of Indian Legal System, gives me the right to state that justice in all forms and protocol is sabbatically denied due to its unwarranted procurement, delays and unwarranted interferences which is akin to have never ever been delivered. It is to be convinced that our legal system is a much jeopardized affair, as can be visualized with the pending cases which is giving sleepless nights to the litigants as well as appellants who are in search of justice. I am well aware of some cases which commenced somewhere in 1959 with seemingly no end to conclude the same, amicably or otherwise. I bestow that the same should be attributed to corrupt advocates and the equally corrupt Judiciary who are prolonging the course for further proclamations and Suits in lieu of promptly dispensing justice through a fast track ambit, which is very much required to assuage the plight of either of the contesting parties. In India, the Laws contravenes each other, as its interpretation is reliant upon the one who interprets the malaise, which usually is on par with his/her own manipulation and which unfortunately is accepted by the Honourable Court because the interpretation is vague in its definition. Thus there is no contest in regards to the delay, and the process is therefore lengthened due to noncomprehension over the subject matter, nor is there an earnest commitment to solve the case as soon as possible. However, this paradox can be subjective to civil imbroglio which can be seen with the cases pending in the Courts for many decades with the matter commencing trivially with the Mamlatdar and extending unduly to the Supreme Court after transgressing all the Courts de facto. However, what takes the cake is that the same procedure is applicable in criminal cases
View From My Panvddo as well, which is putting in dilemma the angst of the perpetrators of crimes against the humanity as well as that of the innocents implicated unnecessary with no criminal evidence found (although penalised alt the same) as no one knows its outcome. There are many such instances which can be elaborated further. However, I must contemplate the folly of Indian Laws with the recent trial of one hardcore criminal which perhaps may augur far reaching implications if one bides for longer time. India, and more specifically Mumbai, is gloating about the death sentence awarded to the lone surviving terrorist of the 26/11 strikes, Mohammed Ajmal Amir Kasab who has been described by Special Public Prosecutor Ujjwal Nikam as a venomous snake, a mad dog, a horse run amok, a wolf, a demon, and a killing machine all in one. To which I comment: thereby lies the tale of infamy and delayed Justice. I personally feel that Sub-Inspector Tukaram Ombale gave up his life unnecessarily with no way to stop that slaughter of more innocents. Unfortunately he became the prey of that tragedy with just a lathi to his credit, although with loads of goodwill amongst the cadres.
Time well.... Wasted?
Little Matters
T
ime....there’s never enough of it! We’re always saying “There’s no time for that.“ “I just don’t have the time.” Our lives rush by so fast, that we don’t have any time to rest even for a while and enjoy ourselves. We consider it a waste of time. But setting aside a little bit of our time everyday to rest and enjoy ourselves, is very important. This time could be spent alone or with our loved ones, Reading good books or pottering around in the garden, is a good way to spend time on your own. But spending time with loved ones is even better. One day, a young mother was in the kitchen struggling to finish washing a big pile of dirty dishes. Her little daughter tugged at her dress for the third time wanting her to come out and play. The mother looked in despair at the huge pile of dirty clothes waiting to be washed and ironed. Then she looked at the little pleading face below. Then she wisely said to herself “There’ll always be clothes to wash but my little girl won’t always be little.” And the two of them laughed happily as they walked to the park. When we look back on our lives, the fun times spent with loved
from flying their national carrier, not to mention the service which has hit rock bottom. Gone are the days when Air India was under the wings of JRD Tata, where passengers were given the Maharaja treatment in flight and on the ground. With the helm of affairs being managed by netas and babus it is doubtful that Air India will regain its past glory. The only solution is privatisation whereby corruption and nepotism can be got rid off in exchange with efficiency and vision.
Air India strike - II Adelmo Fernandes, Vasco Even though the 33-hour flash strike by a section of Air India employees was called off following a Delhi High Court order, the management cracked down on the strike leaders sacking 15 and suspending 13 others. It has been reported that over 100 employees could face action. This action of sacking employees after a strike has been called off is probably unprecedented in the annals of labour unrest in the country. But then the Air India management had the backing of the Government for some strict action on the striking employees because of the timing of the strike. It is understood that an Air India plane carrying the relatives of the dead and coffins for the dead bodies could not leave for Mangalore because of the strike. This is most disheartening and inhumane action on the part of the employees. If at all the strike was to be called it could have been done at a later date and not when the entire nation was mourning for those who died in the plane crash. It may be recalled that when the Air India pilots went on a flash strike in September 2009 no action was taken by the management. But this time around action was necessitated because of the timing of the strike. Indeed the travelling public cannot be taken ‘hostage’ by the airline employees all too often.
Do we elect them? Gustavo Godinho, Nagoa As I was going through the letters to the editor some thoughts struck me and I decided to share them with others. These thoughts have reference to many letters that I go through in this newspaper. I always
I am personally and rationally (thanks to my honorifics) against thePhoto Capitalby Punishment, Joegoaukalthough I must admit that some kinds of criminality are against my sense of unrighteousness for which I condemn the same to Hades for that raging fire to engulf that easy-going and contentious soul. Kasab’s guilt was never in doubt, although the steps taken to condemn him, exemplifies India’s faith in its Legal System, never mind that the execution will take years to actually happen, although the Law Minister Veerappa Moily said that if Kasab appeals against his death sentence, it would be fast tracked and he would be hanged in a year’s time, which for me is hogwash which perhaps follows, that Kasab will bide his time in a luxurious jail waiting for his hopeful release or die in relative comfort. It is reported that Government of India have already spent up to the end of his trial at the fortified Arthur Road Jail, around eight crores of rupees and there is still no end to that drama. It can be noted that the capital punishment or rather the death sentence, is pronounced in the case of Kasab. However, the paradox is, that the same requires the sentence to be confirmed by the Bombay High Court. If confirmed, the
convict will have the chance to appeal to the Supreme Court of India which in its turn, can either stay the process or get it sent to the President of India. However, the supreme irony lies in the process of politics of clemency petition which itself is steeped in delay. To better comprehend the legal quandary, that to the families of the victims is an absurd reality, it contains that mercy petitions are filed under Article 72 of the Constitution before the President and these are forwarded to the Ministry of Home Affairs(MHA) for its opinion and views. These petitions are examined by the Ministry in consultation with the concerned State Governments. After the views expressed by the State Governments where the crime or crimes was perpetrated, the MHA sends the files to the President with noting of the Home Minister. However, in theory, the matter can be sorted out, in practice the lethargy and apathy of the system, clubbed with politics of decision, lets the criminals sentenced to death for those heinous crimes, live on. It can be said that the power vested in Article 72 of the Indian Constitution does not contain any time limitations where the power conferred might be exercised. The dilemma on Kasab’s execution is rife with contests, as there are a little over 308 convicts awaiting execution, with 25 appeals involving 48 convicts pending with the President of India; which makes Kasab convict No. 49 on the list, to which fact the Law Minister expresses, “You cannot pick, choose and hang, “ which in other words clearly means that one cannot jump the queue to satisfy one’s own lust to kill, or rather, deliver the much needed justice. Ergo the reason Kasab’s execution and that of other blood thirsty demons will be unduly delayed now even more, with the pretence of ailments and other assorted disabilities. If we at all feel about the legalities of the process to be skewed for the justice to be delivered, I can pinpoint various other cases pending with the Civil Courts, where the matter never seems to end with rigmarole on platter, with the addition of interveners in cahoots with Counsels who are bent on reverting the judicial process towards their own benefits, for which once again, I emphasize: Justice delayed = Justice denied, and when it will ever end ... only time will tell!
ones are the memories we treasure. The memories we cherish are when we went fishing with Grandpa, when Grandma taught us to bake her famous Christmas cake, the family picnics, going swimming with friends, squabbling with siblings, playing pranks on our friends etc. Work is important, but people and relationships are even more important. Work will always be around, but people won’t. Our loved ones grow up and usually move away. It is best to enjoy them while they are around. Spending time, having fun with loved ones strengthens relationships and bonds. When people spend time together, they grow closer. It is a good way to bridge the communication gap and the generation gap between parents and children. But it is important to find an activity that both age groups enjoy like fishing, playing football, exercising together, cooking etc. Time spent resting and enjoying ourselves refreshes us. It breaks the monotony of doing the same work and jobs everyday. It brings newness and freshness into our lives. When we go back to work after a break, we work faster and more efficiently. One day, a successful, young businessman went to visit his
By Vanessa Lobo
friend. His friend noticed that he was unhappy and miserable, so he asked him what was wrong. The young man replied “My business has taken over my life. I just don’t have time anymore for my wife and children. I don’t enjoy my job and I feel really miserable.” His friend replied “Why don’t you make time for yourself and your family? Surely a smart fellow like you can do that much!” “You don’t understand,“ the young man said becoming agitated. He pulled a little book out of his pocket and said “Look! This book is driving me crazy. It’s full of dates of appointments and meetings with clients, colleagues etc. How in the world am I supposed to find time to fit in even more stuff?” “Well, “ said his friend calmly “Who writes in the book that’s driving you crazy? YOU DO!” How do we make time to relax and enjoy when we have such busy schedules? If some people can take time out to take a break, so can we! It is each one’s decision. Once this becomes a priority, we will definitely find time for it. And it will indeed be time well wasted! Oops Sorry! I meant time well spent!
Letters to the Editor
Letter of the Day
Tie down US envoy
S Kamat, Alto Betim
Lately we have the US Ambassador, Timothy Roemer expanding the sphere of his visits to include the poverty ridden areas of this country. The last he did was walk on the pipelines that adjoin the Dharavi colony at Mumbai to see the muck and filth in which our poor people live. One cannot understand the proclivity of the US Ambassador to go into this kind of slumming. If his intention is to prove to Hilary Clinton that he should not be transferred to the front line areas of Pakistan, Afghanistan and Iraq by sending back reports that the battles India’s poor fights every day against poverty, disease and starvation just to stay alive are more dangerous than the war zones in those named countries then it is fine. But giving him carte blanche to go around the country is not desirable. One needs to look at equity here. Will the Indian Ambassador in the US be allowed to visit inner city areas in their metropolises or soup kitchens or health care centres etc. even if our diplomats find the time or have the inclination to make these visits. The answer is – No, since the US authorities will find a reason to gently tell us to mind our business. We have to draw a line somewhere and encourage foreign diplomats to do their normal work and not step beyond it. Similar is the celebrated visit of Bill Gates to Amethi on invitation by our Gandhi scion, Rahul. Why are we doing this kind of sophisticated begging which one thought we had put behind us long ago? We should also show a certain amount of self-respect by eschewing such ‘sophisticated’ begging practices. Will we learn? Only time will tell. get to read in those letters that the ministers we have elected are of no use, corrupt, destroying our mother land and so on. But, do we really elect the ministers, or the ministers make us elect themselves? If we are electing them, then why do we have to beg to save our own motherland? Why are we forming different associations and groups to save our motherland from our own ministers? Why are we like slaves to them? Why do we become so helpless? Why are we on the streets with different problems and issues? If we have to slog to solve the various problems then what are these ministers elected for? And let me remind you that these problems we face today are all due to the corruption and greed of these ministers. We are suffering only because we never elect them but they force us to elect themselves. And we all know how they get elected. I also fail to understand what NGOs formed to save water, fields, trees etc do during election time. They drum up excellent support for all their rallies and agitations. If these NGOs use their strength, corrupt ministers can be shown the door. Till then may God save our Goa.
Road casualties Oscar de Gouveia Pinto, Canada It is really unfortunate that life is treated with such scant respect. One has to read the Obituary column and see an announcement “Died under tragic circumstances”, with such frequency, that it is high time each Goan assumes responsibility for these fatalities. Each one plays a part by driving callously, not doing anything about it, or ignoring the rule of the law. Needless to say the law authorities are equally to blame, as you see buses, trucks and scooters driving past the cops at dangerous speeds, overtaking when they should not. I cannot understand the resistance that two wheeler riders have to wearing helmets. In the West this is mandatory even for the cyclists. Life is indeed considered very precious here. Is the cost of a personal protective equipment more valuable than one’s life? There are sufficient studies and statistics to show that protective equipment like helmets, and seat belts save lives. It is time that Goans wake up and reflect that every time they take to the road, they leave behind a loved one
who risks reading or hearing tragic news of an unfortunate incident, and, God forbid, it could well be you next. I hope that we come to a day of awakening in our lives when we finally learn to see things as they are, and not as we are.
Where is the water, Churchill?
Ayres Sequeira, Salvador do Mundo The PWD Minister Churchill Alemao had promised free water connection to every household in 2008 after realising that people wasted water at the public tap. Accordingly, at the request of an influential person with the local panchayat, I had submitted my application with all the documents duly attested. Its only recently after one and a half year I am told that the connection is for schedule caste people. How sad! In our own land we are differentiated on caste, class and creed but at the time of elections politicians consider us one to vote for them. Recently, the so called man of the masses went gaga over his birthday laying foundation stones and making inaugural speeches with empty promises. I and many others were thirsty for a drop of water on that hot sultry summer day. What is this Churchill irmão?
Priorities first Kajal Chatterjee, Kolkata Kudos to Herald for its extremely relevant editorial “What about Gross National Happiness?” (26 May). Instead of hankering after revolution in Information Technology or exploring water on the moon, Bhutan has focused its attention on health, education and values of its citizens. It tries to measure its prosperity by the unique index of “Gross National Happiness” and ensures that prosperity is shared by everyone. But in India, poverty, hunger and malnutrition are still hard realities. The parties in power have merely wasted their time and resources in bickering over irrelevant issues like Ram Mandir and Pokhran. The welfare of those living below the poverty line seems to be the last priority for politicians. Unless the 230 million undernourished Indians are relieved from their daily ordeal, all rhetoric of “food sufficiency” and “economic growth” will remain a sham.
Paths of Wisdom Divine Action Against a Tyrant By Samir Khan Abu Musa Ash‘ari relates that the Holy Prophet Muhammad (peace be upon him) said: Almighty Allah postpones taking any action against a tyrant (so that the cup of his sins may get full), and thereafter when He takes him to task, He does not let him escape. Then he (the Holy Prophet) read the Qur’anic verse: ‘Such is the seizing of your Lord that when He does seize the towns immersed in wrong-doing, His seizing is painful, terrible’ (11:102).” (Bukhari and Muslim) The hadith (sayings of Prophet Muhammad) under study throws light on the Divine scheme of punishment. Allah keeps postponing punishment, thereby providing a wrongdoer the opportunity to mend his ways until the latter refuses to turn to Him or the cup of his sins is filled to the brim. Allah is Most-Merciful and Forgiving. But it is certain that when oppression and tyranny touches the limits and yet the tyrant fails to realise his crime, Allah takes Him to task and then the Divine chastisement is really painful and terrible. In another hadith reported by Imam Muslim on the authority of Jabir bin Abdullah, the Holy Prophet (peace be upon him) said: “Avoid cruelty and injustice, for, on the Day of Judgment the same will turn into several kinds of darkness; and guard yourselves against miserliness; for this has ruined nations who lived before you. Miserliness led them to bloodshed and to treat unlawful as lawful.” The hadith also makes it clear that cruelty and injustice result in ultimate failure and Divine chastisement. In the same breath, the Holy Prophet (peace be upon him) warned the believers against miserliness, for it gives way to cruelty and injustice and yields the same result.
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