Gone through MetroMirror.com. It is great :
Geetha Shankar, Bangalore
DEATH FOR CHILD RAPISTS
Finally Govt of India made provisions today in the law for death penalty for the rapist of any child below 12 through an ordinance. This was a direct knee jerk response to many such cases coming to light and especially high lighted Kathua case. The purpose is to mollify the anger of public and to blunt the opposition’s assault. Clearly the purpose is political and for short term gains. However, laws are made for generations and it is in this perspective that I will briefly mention its implications:-
1- The idea is that death penalty will be a deterrent to potential culprit of child rape. Needless to say it is both a fallacy as well as a farce. Every a criminal assesses the certainty of punishment rather than quantum of it. He knows that very few victims dare report the cases due to sense of shame and if at all they report then chances of conviction are very little. We must make punishment certain in every case to deter the culprit.
2- The new law says that death penalty may be awarded. It is not mandatory. Indian legal tradition is to award capital punishment only in rarest of rare cases. As child rapes are being reported so often then most such cases would not be rarest of rare cases.
3- we should know that majority of all rapes including child rapes are within the family and are normally not registered. It is estimated that only one in six cases is reported. It renders any law meaningless for the unreported cases.
4- Police lacks skill and scientific resources to investigate the cases. The overworked, tired and demotivated police completes the minimum possible enquiry which is just sufficient for challan.There is no reward or punishment to policemen in any investigative work because his career depends only upon the pleasure of politicians. All state governments of all the political parties have thrown the police reforms and supreme court’s directives into dustbin.
5- After investigation the case goes to the committal court and sessions court where It is argued by Govt pleader who is a political appointee. He is mostly incompetent and frequently corrupt. Against him pitted are the far superior lawyers of the accused.
6- Courts are burdened with huge pendency and inordinate delay in trial gives opportunity for manipulation of witnesses. There is genuine demand for fast track courts for rape cases but so is the demand for SC/ST Act cases, corruption cases and murder cases etc . What we require is an entire fast track judiciary. Unfortunately, no politician is interested in it because some of them are criminals themselves and want very slow moving courts.
With these constraints, with the passage of time even propaganda value of death penalty in child rape will wane.
NK Tripathi, ExDGP, MP
14 May 2018
Idea of India: Rediscovering, Restructuring or Reinventing?
Prof Ujjwal K Chowdhury explores the question that the intelligentsia today is
debating passionately: what India needs today: its idea to be rediscovered,
restructured or reinvented in totality.
I had the privilege over the last one month of attending a couple of public
discourses with many known intellectuals debating on whether India should
reinvent its idea in totality or merely rediscover itself or go for restructuring.
While the ruling Right Wing has been campaigning for a New India, as coined
by Prime Minister Modi recently, and bashing Nehruvian idea of India, Rahul
Gandhi recently organized a Save Constitution Rally and called for
rediscovering the Nehruvian idea of India of unity in diversity.
The 'Reinvent, Recreate' Lobby:
Apologists of the reinvention, decidedly from the right-wing, have an
aggressive stance these days with a favourable government at the Centre and
in a large number of states as well.
One major argument of the Reinvent Lobby is that Indian Civilization is 7000
years old, Republic is 70 years old and there is a new government at the centre
with a decidedly new outlook. This outlook believes that the great ancient
Indian culture "has been shackled for 250 years now, 180 years by colonialism
and 70 years by agents of colonialism." Hence, recreating is reclaiming. Indian
economy which was 27% of the global economy in the 18th century became
3% in 1950s.
The Macaulay's education policy of 1835 imposed English education and
permanently infused inferiority among common Indians with regards to English
language, taken forward in the Nehruvian era after 1947. This has led to
subservience to the West, rise of a poverty-mongering idea of India, and an
inward looking socialism today which has produced more poor rather than
True scientific research and entrepreneurial forces have been restrained by
this apologizing attitude. Central planning and controlled economy are
obsolete today, and India's achievements till today are in spite of central
planning and Nehruvian socialism, not due to these.
Indians do not look at themselves as they should. Universal Spiritualism and
Brotherhood were embodied in Indian philosophy through Vasudhaiva
Kutumbakam (Whole World is My Family). Kalidasa is comparable to
Shakespeare, but not recognized. Aurobindo's discourse on foundation of
Indian culture is still relevant. The Indian civilizational ideas are even reflected
in the Sustainable Development Goals (SDGs) of the United Nations today but
we are neither aware nor proud of the same.
Foreign recognition was important for some stature after independence, not
anymore. "We should make our own role models and transition strategy." By
2050, even Price Water Coopers predicts that India will be the second largest
economy with $46 trillion, ahead of USA, and behind China.
The reinvent & recreate lobby also opines that for everything that is true in
India, the opposite is also true. "Why should there be one idea of India? Why
singular? Why no million mutinies? Constitution is a rule book about how we
conduct our lives, and it can change with change of time. Did India begin in
1947? And did the idea of India start only then, run by one family, written in
one book, and fathered by Gandhi?"
The 'Rediscover' Lobby:
The Rediscover Lobby, decidedly the Nehruvian apologists, are in turn
questioning the much-touted New India noting that it has seen heightening of
social disharmony, majoritarian dominance, cow vigilantism, fall of scientific
temper, and worsening of the position of women. This lobby wants a return to
Nehruvian idealism, protection of Ambedkar's Constitution, and a rainbow
coalition of many castes and communities (and, perhaps political parties too)
to rule India.
India with the vision of the founding fathers of Indian constitution, still
survives, while Pakistan is virtually falling apart. Even after 101 amendments,
the Indian Constitution is still the beacon of Indian polity since it has handled
diverse social contradictions, and ensured the rule of law, separation of power,
independence of judiciary, and a strong Union in a federal polity: all of which,
according to this lobby, are under threat in the right wing vision of New India.
They say that the constitution survived sub-national aspirations and regional
demands. And Nehru's Discovery of India is deeply spiritual, and he got our
culture married to modern governance through the constitution, and ensured
growth of science and scientific temper, which is now under threat as seen by
Central ministers questioning Darwin's theory and saying that Internet existed
in Vedic age or that Ganesha went through a plastic surgery for his trunk.
A section of the rediscovery lobby also says that the Western thinking is linear,
ours is cyclical, not straight, and converging. And, hence reinforcing the idea of
India is not necessarily the same of the past. Invasions in India, by whoever in
last 800 years, have led to a cultural mix and assimilation to make India diverse
and richer. It is this cultural parallelism that exists at the core of the existing
idea of India, and a centralized rightist narrative cannot be imposed on it. Since
recreation is linear, it does not reflect the truth in the land which believes in
'Ekam satyam, viprah vahudha vadanti' (The Truth is One, interpreted
differently by different learned men).
This rediscovery lobby passionately puts forth that pluralism, sense of diversity
and inclusivity are at the core of the idea of India today, reflecting the
civilizational journey of us, and hence to maintain its nature of antiquity,
continuity, diversity and assimilation, it cannot be reinvented or recreated.
Historians among the rediscovery lobby points out that in 1923, the Hindutva
focused idea of India presented by Savarkar was rejected for a syncretic vision.
Savarkar's ideas of Pitrabhoomi and Punyabhoomi, in effect accepting the two
nation theory of Jinnah, put forth later in 1942, had been rejected by the
people in favour of multi-cultural Hindustan. Founding fathers of India of today
called for opening of windows and doors of our houses, but not to be blown off
This lobby questions the right wing asking if Akhlaq's killing or Sambhulal killing
Afroz or six men raping and killing 8-years old Asifa are signs of New India. Why
no Muslim contribution from medieval ages to India or the oldest Church of
the world being here are recognized in this New India? And what is this New
India apart from an aggressive brand of masculine Hindutva and blatant crony
capitalism of Adani-Ambani- Nirav Modi etc?
Way Forward: Re-structuring & Evolving Idea of India:
India, with the second largest Muslim population of the world, cannot be a
Hindu Rashtra for sure. India, with 7% and above GDP growth, cannot also play
second fiddle to the Western economies. India, with 56% of population below
25 years of age and 67% below 35 years, is surely a major force of the future
talent pool and work force of the world.
While Sambhulal's heinous murder in Rajasthan or Asifa's brutal rape and
murder in Jammu cannot be allowed to represent the face of New India, we
cannot also accept minority appeasement and using Muslims or Dalits or
tribals as mere vote-banks without changing their socio-economic status, as
shown in Sachhar Committee report.
Hence, evolution of the idea of India is needed surely, building upon self-
reliance, national role models, strengthening the conversation with our
tradition, and honouring diversity in every walk of life. The re-structured or
evolved idea of India needs to ensure strict secularism where the State has no
role to play in religious matters (which are best left to individuals), and all
religious conflicts should be seen only as law and order problems. On the other
hand, this re-structured of India ahead must ensure better economic life of the
marginalized people (through Minimum Support Prices for farm produce,
executing forest and tribal protection acts, and executing women's protection,
minimum wages and days of work protection and rural health protection acts).
Neither ultra-nationalism of the Hindutva variety, nor eulogy of rule by one
family through appeasement: the idea of India needs an evolution to a re-
structured identity which blends aspiration of the privileged with dignified life
of the under-privileged, irrespective of community, caste or gender. One party
rule or multi-party coalition, India needs a programme of progress and
sustainability, neither a powerful arrogant leader nor a group squabbling
Prof Ujjwal K Chowdhury
Is Currently Head, School of Media, Pearl Academy,Delhi mumbai
JUDICIARY EXPOSED ITSELF
As a person who has risked his life for defending country and its constitution I am pained by the press conference by 4 senior most hon' judges of the Supreme Court (SC). What they said was to bring out the reality of the functioning of SC by pointing out poor administration of SC and malfunctioning of CJI. In effect they said that CJI is allotting important cases to his favourite benches of judges . It implies that he is getting favourable judgements in the cases where he has his interest or wants to oblige the ruling party leaders. This further accepts the fact by implication that SC is amenable to manipulation to get favourable decisions . This idea is very chilling as judiciary is the last place of hope for citizens- in personal disputes or for proper functioning of all parts of the state.
However, all this we knew beforehand. It was no revelation to us. Four hon' judges only exposed it from inside.
In my opinion judges, though true on substance, adopted a dangerous mode of airing their grievances for democracy. Press conference in long run will set a disturbing precedent. This is not acceptable . These judges could have aired their views in some relevant judgement in some case or PIL.
Suppose in future at the time of war four Lt. Generals hold a press conference on some correct issue against the army chief, what will happen to the army. If SC defends our liberties the army defends our very existence as a nation.
We know that in March 1973, Indira Gandhi gave a body blow to judicial independence by superseding three SC judges to appoint A N Ray as CJI who was considered to be pro Govt. SC took a lot of time to recover this shock. The present situation in higher judiciary is more alarming . First of all it is accountable to no one. Secondly it is perceived to be corrupt in many instances and with no transparent method of dealing with corruption. It has misappropriated constitution for appointment of judges giving an opaque system. It has asked for independence for itself only to have more powers.
All this we knew without the help of these four hon' judges. What we don't know is how to address this malaise
Sh NK Tripathi ex-DGP
12 January 2018
State of education is pretty bad
State of education is pretty bad all over. Worry expressed by Bill Gates on poor education quality is justified and all of us know it. No classes are held even in the premier institutions like MANIT. Quality of the Higher education is poor as is the case with the primary education. PhDs are a sham with extremely poor research and politicking in the academia.
Many private colleges are not much better than money making outfits with focus not on the quality of education but the commercial part.
D.K. Jain,Ex CGM,SBI
There is nothing that can reform the bad ! The rapists should be punished by a fast track method without any more torture to the victim .. The victims victory through her courage is a story to be told .. all daughters and women should be instilled with bravery to face the world and her mother is so right .. its the life of the culprits which is spoilt and not her daughter's... Castration and capital punishment for the culprits to set an example to the society is minimum i expect! And though police gets desensitised as they see only crimes and criminals ..the system needs reform with immediate effect.. The Indian Government should bring in changes in law and the system.. this should be a priority more than demonitization and GST .. bring some change to create a society with better humans! With India going to be the youngest country in 2020 with median age as 39 of an Indian ,the least we need is a whole lot of sex addicts, rapists , drug addicts unemployed frustrated criminals who would do anything .. also are not required the so called powered group of individuals who would be lacking any sensitivity and responsibility and yet be sitting in police stations or offices .. the last is the politicians who would be opportunists and corrupt and not answerable to the public! Reform the laws before you reform the people ! The braveheart has won everyones hearts .. She must be supported to become what she aspires to become . Kudos to her !
7 November 2017
Very disturbing gruesome gang rape of a girl belonging to police parents reported in Bhopal.
Most shocking was the disgusting behavior of police officers. The girl and the family of the victim suffered double shame when they roamed from police station to another police station begging to register their complaint.
This was in the main area of the capital of MP which was in festivity mood on that day for Foundation Day ceremonies.
Decades of training for sensitizing policemen towards gender issues has gone down the drains . I believe now officers and politicians will do some drama of action since the matter has been highlighted in the media.
I hang my head in shame as a former senior police officer
NK TRIPATHI IPS(Retd.)
3 November 2017
Modi’smuscular & pragmatic foreign policy!
Though foreign policy of any country happens to be a well-planned and pre-calculated statement of its ideals and goals but theirconstant application some-times create challenges before the decision-maker due to occasional differencesregarding them. It is in this context, the new Indian Prime Minister NarendraModi began his inning expressing his firm commitment to the proclaimed objectives of India’s foreign policy viz. peace, non-violence, non-alignment etc., founded by the architect and first Prime Minister of independent India,Late JawaharLal Nehru.As Vice-Chairman of the Interim-Council, prior to independence, Nehruhad clarified about independent India’s role in the world,in his address over All India Radio on 7th September 1946.
Notwithstanding its glorious decades after India’s independence,the global scenario after the end of Cold War witnessed a sea-change, with the USA moving fromSuper-Powerrole to become the first HyperPower in the world-controlling even the ideas of people.Unfortunately the disintegration of the erstwhile USSR, at this time, motivated India to opt for close relations with the US as an effective security-architecture against evolving Beijing-Islamabad axis, hostile to India. ThusIndia’s shift towards Washington for protection of its national interests was justified.
As India is a largest-successful and vibrant democracy having huge population consisting of world-class intellectuals and professionals, skilled labourers, booming economy, state of the art R&D facility, advanced industries, powerful army and also being a founder-member of the Non-Aligned Movement (NAM)- known as the largest movement of humanity-it deserves to be recognised as an emerging global power and, consequently, be designated with a responsible role in all significant international and global forums, so that it may- while working in consonance with its ancient cultural ethos- contribute towards establishing peace, prosperityand security in the world, which today bears the brunt of macabre threats of terrorism and religious fundamentalism,besides several other explosive dangers. Indeed, India cannot occupy a permanent seat the United Nations Security Council and membership of other prominent groupings like G-8, Missile Technology Control Regime (MTCR), Nuclear Suppliers Groups (NSG) etc. without the US’ concurrence.India also needs American support for modern technology,latest armaments and other economic gains and also for exerting pressure on the global terror-outfits like Jaish-e-Muhammad;Hijb-ul- Mujahideen; Haqqani terror-network;Islamic State of Iraq and Syria and upon Pakistan’s exportedcross-border terrorism too. Indeed, India is one of the worstsufferers of terrorism which had already lost two very promising prime ministers in the past. It has also suffered the worst terror attacks viz.Bombay Stock Exchange, 26/11 in Mumbai, Banglore Bakery attack, Delhi High Court etc., besides regular ongoing terror-strikes including burning of schools and fierce attacks on army and para-military base camps and residential villages in Jammu and Kashmir and innumerable cease-fire violations by Pakistan along LOC, particularly after India’s successful surgical strikes into the Pakistan occupied Kashmir (PoK). Hence, India needs a very strong and effective mechanism for its security against cross-border terrorism and global terrorism, which requires close monitoring and information-sharing regarding movement of terrorists and their future targets, in whichcooperation by the US, Russia, England, France and Israel will definitely be very meaningful.
Though India under PM Modi acted enthusiastically for forging closer relations with America in economic, security and other important areas and made significant compromises in its principleswith view to accommodate the American concerns, but the US always played double game with India by creating a working balance with Pakistan as well as China and never supported New Delhi on either of its most pressing concerns viz. permanent membership in the UNSC; its fight against Pakistan’s cross-border terrorism and China’s rising aggressive-militarist assertions in the Asia-Pacific region. Hence, India has tomodify its ongoing pro-US foreign policy towards muscular pragmatism, involving surgical strikes and massive arms buildupfor ensuring security of the country. This is why, India has again turned towards Russia and the just concluded BRICS summit provided this opportunity to the PM Modi to befriend President Putin with firm-resolve and the event saw a big military arms-deal between the two old trusted-friends. This will really provide a fresh blood to India’s hitherto sagging relations with Moscow. Considering the prevailing challenges after India’s surgical strike,Islamabad appears hell-bent to enact a massive retaliation, and in this effort China’s full-fledged support to Pakistan is highly worrisome for India. Further,Beijing’s anti-Indian role was apparent in the recent BRICS summit in Goa where Beijing stalled India’s sincere efforts for elimination of terrorism, on the ground, that any country’s name should not be associated with terrorism and also that one must not forget the great sacrifices rendered by Islamabad in the global fight against terror. Further, China blocked India’s effortsin the United Nations to name MaulanaMasoodAzhar as a terrorist and also expressed its ambivalence for India’s candidature for permanent membership in the UN Security Council, besides having already stalled India’s entry into NSG.
Indeed, all these Sino-Pakistani overtures portend bad-men for the peace and security of not only India but for the entire Indo-Pacific region wherein China is particularly interested to annex the entire South China Sea into its maritime territory but that has already been rejected by International Court of Arbitration at the Hague. This legal defeat has made Beijing very aggressive and prompted it to adopt other crooked-tactics wherein Pakistan is extending its wholehearted support with a view to encircle India.
Thus India, instead of meekly following the US, must continue asserting as a responsible-muscular power capable enough to protect its national security and so-interests,having firm commitment for its self-propounded doctrine of non-alignment, while exercisingfreedom of action and independence of judgment, which had, indeed, accrued an unique honour and influence for India during the initial decades immediately after the second-World War. This can be regained by India as nothing is beyond endeavour.
Dr. Sudhanshu Tripathi
Associate Professor, Political Science,
M.D.P.G. College, Pratapgarh(UP),
C/O Late Sri N.P. Tripathi,
Naya Mal Godam Road, Narsinghbhanpur,
Dist: PRATAPGARH(UP), INDIA.
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