Indian

Rajeev MP

Lost in the din - Hindustan Times

Lost in the din - Hindustan Times

Middle East Analysis: The Middle East (or West Asia in MEA parlance)

Middle East Analysis: The Middle East (or West Asia in MEA parlance): "The aim of this blog is to keep upto date with West Asian current affairs (in particular the GCC) and express views on the Middle East in th..."

Ganga Tera Pani Amrit

Speedy funds for Mission Ganga

New Delhi, December 24
Funds will be released for the Rs 15,000-crore Mission Clean Ganga, aimed at totally stopping the flow of sewage and industrial effluents into the sacred river by 2020 on a fast-track basis, the Centre has assured the Supreme Court.
In fact, all issues relating to the mission will be handled on the lines of the speedy procedure adopted for the Jawaharlal Nehru National Urban Renewal Mission (JNNURM), an affidavit handed over to the apex court by Additional Solicitor General (ASG) Mohan Jain said. An Empowered Steering Committee has been set up for the purpose. — TNS

chess record

Thousands of players play chess at a university ground in Ahmedabad to earn a place in the Guinness Book of World Records on Friday. A total of 20,483 competitors took part in the event, according to organisers. — Reuters

Wikileaks and Indian Diplomacy

Indian diplomacy todayWikiLeaks raises uncomfortable questionsby G. Parthasarathy

THE cables exchanged between Washington and Islamabad, as released WikiLeaks, have been immeasurably useful for Indians to understand the limitations in the support the Obama Administration can provide India as it confronts the challenges posed by terrorism unleashed by the Pakistan Army. They also raise doubts about whether our government has indeed fulfilled its primary responsibility of ensuring that our armed forces are equipped, prepared and trained to respond swiftly, appropriately and effectively to provocations like the 26/11 strike in Mumbai. They will, hopefully, introduce a measure of long overdue realism in those who advocate that mere sweet words can convince the hard-boiled Generals in Rawalpindi to shed their compulsive hostility towards India. But, as cables containing details of meetings with members of the Indian establishment become public, serious doubts and misgivings arise about whether New Delhi has any consistent policy in dealing with its western neighbour. They also raise doubts about the viability and consistency of internal decision making in the portals of power in South Block.
When the then US National Security Adviser, Gen James Jones, called on Defence Minister A.K. Antony on June 28, 2009, and raised the issue of dialogue with Pakistan, Mr Antony responded: “Unless there is some tangible follow-up action by Pakistan against the perpetrators of the 26/11 attack, discussions with Pakistan will be difficult.” General Jones promised to take this up with the Pakistanis while adding that there was “need to move forward on a broader strategy of building confidence and trust”. Barely a fortnight later, on July 16, Prime Minister Manmohan Singh strangely agreed that “action against terrorism should not be linked to the composite dialogue process and these should not be bracketed”. What prompted this serious and unexplainable U-turn in policy within a fortnight? No one argues that we should shun all dialogue with Pakistan. But, at the same time, agreeing to unconditionally resume the “composite dialogue process” without Pakistan fulfilling its assurances of ending terrorism against India emanating from territory under its control certainly undermines our position on the centrality of Pakistan-sponsored terrorism
The Sharm-el-Sheikh Declaration strangely noted that “Prime Minister Gilani mentioned that Pakistan has some information about threats in Balochistan and other areas”. Yet, the Wikileaks documents reveal that when the issue of Balochi leaders like Brahmdagh Bugti, leading the uprising in Balochistan and operating out of Afghanistan, was taken up by the Americans, President Karzai retorted: “Fomenting uprising does not make one a terrorist. The real terrorists are Osama bin Laden and Mullah Omar. Afghanistan needs a sign that Pakistan will stop supporting these terrorists.”
Responding to American queries about why Bugti was not being extradited to Pakistan, Mr Karzai asserted: ”The Bugtis are not terrorists and represented nobility in Afghanistan, so it would be hard to hand them over to Pakistan.” President Karzai categorically rejected Pakistani allegations of Indian involvement in Balochistan adding: “Pakistan will continue to think India is involved. There is lot of misinformation out there.” One wonders that if Mr Karzai could be so forthright on Balochistan why New Delhi has been so defensive in responding to Pakistani accusations.
While the flip-flops on dialogue with Pakistan have naturally drawn flak, India can look back with satisfaction on the firmness it has shown in dealing with developments in Afghanistan. Just on the eve of its assuming office, the Obama Administration was excessively influenced by the arguments of Pakistani academics like Ahmed Rashid that it should appoint a special envoy to resolve differences between India and Pakistan on Jammu and Kashmir. New Delhi reacted decisively by debunking such talk and thereafter by denying visits to India by Richard Holbrooke during the course of his frequent visits to Afghanistan and Pakistan. Holbrooke was forced to publicly clarify that his charter of responsibilities did not include India and his visits to New Delhi were primarily for exchanging views on Af-Pak developments.
In his meeting with General Jones last year, Mr Antony made it clear that India wanted that the international community’s operations in Afghanistan should succeed adding: “India cannot for a moment imagine a Taliban takeover of its extended neighbourhood.” With NATO now clarifying that it intends to continue combat operations in Afghanistan till the end of 2014, there is a wider consensus in the United States about the inadvisability of leaving a power vacuum in Afghanistan, which would lead to a Taliban-takeover.
A recent report of the Centre for New American Security prepared by the former ISAF Commander in Afghanistan, General David Bruno, makes substantive recommendations for a modified American strategy in Afghanistan. The report, which realistically recognises that “the war in Afghanistan is unlikely to have a well-defined end with clear winners and losers”, calls for a restructuring of governance in Afghanistan with more powers devolved to provinces and districts. Moreover, it advocates a “responsible transition “, which allows the US to” focus its resources on countering transnational terrorist groups based in the Pakistan-Afghanistan region”. Writing in the “Foreign Affairs” quarterly, Mr Robert Blackwill advocates that the US should stop talking of an “exit strategy” and adopt a long-term strategy of counter-terrorism in Pashtun-dominated Southern Afghanistan, accepting that the Taliban will inevitably control most of Southern and Eastern Afghanistan, while taking on “nation building” with support from Tajiks, Uzbeks, Hazaras and” supportive Pashtuns” in northern and western Afghanistan. He adds that in such a scenario the US should continue to provide arms and intelligence to those Pashtun tribal leaders who are ready to challenge Taliban hegemony.
Acknowledging that his strategy could result in a de facto partition of Afghanistan, Mr Blackwill advocates the reduction of troop levels in Afghanistan to between 35,000 and 50,000 troops. He argues that “such a strategy would reduce Islamabad’s capacity to use the US ground role in Southern Afghanistan to extract tolerance from Washington regarding terrorism emanating from Pakistan”. What is interesting is that both these recent studies by prominent American analysts with first-hand knowledge of Af-Pak developments reject any possibility of rapid American withdrawal from Afghanistan and as such withdrawal would “trigger a global outpouring of support for jihadi ideology and increased terrorism against liberal societies more broadly”.
Moreover, both reports acknowledge that Afghanistan can be ruled effectively only by traditional decentralised power structures and that effective action is required against “transnational terrorist groups”. India will have to focus its diplomatic efforts on securing international support for strategies that enable Afghans to run their country overcoming the pernicious ambitions of neighbouring Pakistan. This can happen only when Pakistan realises that it will have to pay a heavy price for its present policies of support for transnational terrorist groups.tribune

Poor sanitation holds back India

Hurdles to growth Poor sanitation holds back India

A recent news report has quantified the economic losses to India due to inadequate sanitation. Conducted by the Water and Sanitation Program run by the World Bank, the study says poor sanitation cost India $54 billion or 6.4 per cent of the GDP in 2006. There are losses in terms of education, productivity, time and tourism. Poverty itself is a disease, which cripples access to and success in school/college. Ill-health comes in the way of working harder and longer, and reduces productivity and income. Poor sanitation, fear of disease and lack of hygiene in India keep off high-end tourists.

If a person is down with diarrhoea, s/he cannot focus on study or work, and treatment costs time and money. The poor are mostly the victims of diarrohea, malaria and TB, the mass killers which are actually preventable. According to the study, 3.5 lakh children, aged below five, die of diarrhoea alone in India every year. All this because they have no access to clean drinking water. Their parents cannot buy treatment, and sometimes do not make an effort due to lack of awareness and time.
While the rural areas lack basic amenities for want of funds, official accountability and political will, the urban areas fail to cope with an increasing pressure on limited civic amenities due to a rising population and migration from villages. Rural women and girls find it hard to get out of poverty due to social restrictions, reproductive role, domestic responsibilities, malnutrition and lack of education and skills. This brings to focus the role various health officials and agencies as well as NGOs can play in the removal of filth, establishment of toilets, control of disease and spread of education and awareness. Progress is not just about producing more; it is also about making available accessible facilities required for a healthy, happy and dignified life. tRIBUNE

2 Prithvi-II missiles test-fired

2 Prithvi-II missiles test-firedBalasore (Orissa), Dec 22Two Prithvi-II nuclear-capable ballistic missiles with a strike range of 350 km were test-fired in an hour's gap today as part of user trials by the Army from the Integrated Test Range (ITR) at Chandipur off Orissa coast.  The missiles were test-fired from launch complex-3 in the ITR at around 0815 and 0915 hrs, defence sources said. The test-firing of the sleek missiles, already inducted into the armed forces, were routine trials conducted by the personnel of the Strategic Force Command (SFC), they said. — PTI

PRITHVI II

START

Under the START treaty signed between Medvedev and Obama earlier this year, both USA and Russia would reduce the number of nuclear weapons held by them from 2,200 to 1,550 each. 

Fifth generation fighter aircraft

Russian President Dmitry Medvedev during his visit to the Taj Mahal in Agra on Wednesday. — AFP 

Fifth Gen Aircraft to match US F-22 RaptorAjay Banerjee
Tribune News Service

India formally signed a deal with Russia to co-develop and co-produce a next generation fighter aircraft here today. This comes close on the heels of a series of multi-billion dollar contracts with the US for the supply of transport planes, reconnaissance aircrafts
and VVIP jets.

Costing nearly $ 100 million (Rs 500 crore approx) a piece, the Fifth Generation Fighter Aircraft (FGFA) will technologically match the US developed F-22 Raptor — that costs $ 330 million a piece.

F22 Raptor

PAK FA RUSSIAN FGFA

The FGFA will be the IAF’s frontline fighter from 2020 onwards and some 300 of these fighters which will cost $ 30 billion (Rs 1,50,000 crore). 

The FGFA will have advanced features such as stealth, super-cruise, ultra-manoeuvrability, highly integrated avionics suite, enhanced situational awareness, internal carriage of weapons and Network Centric Warfare capabilities.

Gujjar's agitation

Gujjars burn tyres and wield sticks as they shout slogans after the Rajasthan High Court rejected a petition seeking 5 per cent reservation in government jobs for the community, in Ajmer on Wednesday. — PTI 

HC stays quota for Gujjarsl Blockade of rail, road continues l Bainsla threatens to stop milk supply to Delhi 

Interlocutors’ five broad principles for solution

One of the interlocutors, Prof Radha Kumar, meets Begum Khalida Shah, chairperson of the Awami National Conference, in Srinagar on Tuesday. A Tribune photograph

ammu, December 21
The Centre’s interlocutors today announced five broad principles for a political solution of the Kashmir problem and underlined discrimination in the distribution of funds and inequitable development in the state.
Winding up their five-day visit to the Jammu region, the head of the three-member team, Dileep Padgaonkar, told mediapersons here that wherever they went, they observed discrimination in the distribution of funds and inequitable development. He said they asked parties and civil society groups to back their statements with facts while asking the government to give its viewpoint.
He said the Omar Abdullah Government had sent them a report about development activities in the state. “The report gives the details of the allocation of funds and development schemes. After going through the document, we shall be able to reply on the question of discrimination and inequitable distribution of funds,” he said.
Although he did not reply to a question about governance-deficit being the main reason for the resentment among people, Padgaonkar said wherever they went, there were complains of lack of basic amenities. He stressed the need for empowering people at every level.
“During our visit, we met more than 100 delegations in Jammu, Poonch and Rajouri. Despite the diverse views, most of the delegations broadly agreed on some basic principles that should guide the search for a political solution”, he said.
Listing the five broad principles, Padgaonkar said a solution of the problem should be negotiated through peaceful means and violence from any quarters must not be allowed to thwart it.The solution should be acceptable to all three regions in the state to ensure their harmonious co-existence.Lastly, it should rest on the pillars of democracy, rule of law and respect for the diversity of faiths and cultures in the state. “ The political, economic and administrative powers vested in the state must be equitably shared by the three regions. Furthermore, there should be an effective devolution of such powers at the district, block and panchayat levels”, he said, while elaborating. He further suggested that sustained efforts should be made to facilitate the movement of people and goods across the Line of Control (LoC).
During their meeting with Chief Minister Omar Abdullah, the interlocutors urged him to expedite the recommendations made by them to the Central Government after their first visit to the state in October. The Chief Minister assured them that action was being taken in this regard. Tribune

Lunar Eclipse

The shadow of the earth falls across the face of the moon, with a six-pointed decorative star on a Christmas tree in the foreground, above Russia's far eastern city of Vladivostok during a full lunar eclipse on Tuesday. The eclipse is the first to coincide with the Winter Solstice since 1638. — Reuters

Snow in Europe

SNOW TRAIL: Traffic moves at a snail’s pace on a motorway in Germany on Tuesday. — AFP

Conundrum at Cancun

OPED DOCUMEMT

Not much is known about the Indian position and other issues at the just-concluded UN Climate Change Conference at Cancun. In a letter to the members of Parliament Union Minister for Environment and Forests Jairam Ramesh has clarified climate change policies and negotiating positions. Here are excerpts: 
Conundrum at Cancun

Jairam Ramesh

ALL parties agreed on a set of decisions, known as the “Cancun agreements”, for further discussion on the two tracks of negotiations, namely the Long-term Cooperative Action (LCA) under the UN Framework Convention on Climate Change and its Kyoto Protocol.
A shared vision for long-term cooperative action was a matter of intense debate with the Least Developed Countries (LDCs) and the Association of Small Island States countries pushing for much more ambitious targets. In the end, a goal of restricting temperature rise to below 2 degrees Celsius, with a provision for review at a subsequent date was agreed upon.
Significantly, the agreed final text makes no mention of either quantitative targets for emission reduction by 2050 or global peaking year, thus protecting the interests of developing countries. Largely due to India’s efforts, references to “equity” and “equitable access to sustainable development” were included in this section as the basis of working towards this goal.
A Cancun Adaptation Framework was agreed upon. It exhorts developing countries to prepare and implement national adaptation plans and at the same time calls upon developed countries to provide finance, technology and capacity building support for the same. It also decides to establish an Adaptation Committee to promote implementation of adaptation actions.
Under the Cancun agreements, the developed countries, including those that are parties to Kyoto Protocol or otherwise, will list their economy-wide emission reduction targets for the period from 2013 onwards and implement the targets according to the agreed rules.
For the first time, and on India’s insistence, the agreed text calls for an “international assessment and review” of developed country emission reduction targets, which means that there will be a mandatory in-depth review of implementation of the commitments by developed countries, including assessments by experts and consultations with developing countries.
At the same time, the parties to Kyoto Protocol have agreed to continue to work towards finalising their targets for the second commitment period (post-2012 period) with the aim to ensure that there is no gap between the first and second commitment periods of the Protocol.
Under the agreements, the developing countries will also list their nationally appropriate mitigation actions (not mitigation commitments or targets) in a document under the convention, and implement them with the financial, technological and capacity building support provided by developed countries for such actions.
The text also calls for “international consultation and analysis” of developing country actions in a manner that is non-intrusive, non-punitive, facilitative and respectful of national sovereignty. This will apply to nationally determined actions, implemented on a voluntary basis in pursuance of the domestic mitigation goal and reported through the official national communication of the country concerned. This was a key area where India played a crucial role in mediating an agreement that was acceptable to both developed and developing countries.
The agreement encourages developing countries to undertake actions on reducing emissions from deforestation and forest degradation, conservation of forest stocks, and sustainable management of forests (the latter being most relevant to India, where we are actually increasing our forest stock through sustainable forestry). It calls upon developing countries to prepare national strategies/plans for the same. The agreement also asks for full and effective participation of indigenous people and local communities in developing and implementing these strategies. An assessment of financial options to support these actions is also to be worked out.
The developed countries were urged to ensure that their climate actions avoid negative consequences on developing countries. On unilateral trade measures, it notes that measures taken to combat climate change, including unilateral ones, should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade. This seeks to address an important concern of India and other developing countries that climate change should not be used as an excuse to impose unilateral trade measures on developing countries.
The developed countries will provide “fast start finance” of $ 30 billion in 2010-12 to developing countries and submit transparent information regarding the provision of these resources. The agreements also recognize the need for providing long-term finance by the developed countries and inscribe their commitment of raising $100 billion per year by 2020 for supporting adaptation and mitigation actions in developing countries. Most importantly, the parties have decided on the establishment of a Green Climate Fund as the operating entity of the financial mechanism.
The agreement decides to establish a technology mechanism for supporting research, development, demonstration, deployment, diffusion and transfer of technology in the area of mitigation and adaptation. The mechanism will be governed by a Technology Executive Committee with 20 members — 9 from developed countries and 11 from developing countries — and its functions will be implemented by a Climate Technology Centre and Network. India was the key player in drafting the text on the technology mechanism.

India’s contribution

India made some specific contributions to the final agreed text in addition to its contribution to the process over the entire period of the conference. India ensured that for the first time the phrase “equitable access to sustainable development” found mention in the shared vision text (para 6). This is critical as climate change is largely a problem caused by historical emissions and late developers like India need this equitable access to address their development priorities and to eradicate poverty. The phrase “equitable access to sustainable development” is superior to the phrase “equitable access to carbon space” which connotes a fundamental “right to pollute” that is seen today as negative and insensitive to the global challenge of climate change.
India ensured that the mention of 2015 as a peaking year and the mention of a quantitative target of emissions reduction by 2050 did not find mention in the final text. This is important as such conditionalities could have imposed emission reduction commitments on developing countries like India too early and could compromise their development prospects.
India’s detailed formulation on international consultation and analysis of developing country mitigation actions in a manner that is non-intrusive, non-punitive and respectful of national sovereignty was the key input that broke an important deadlock and helped achieve progress on issues relating to mitigation.
It was India that ensured that for the first time developed country mitigation actions will be subject to “international assessment and review”, which means that experts, including those from developing countries, will have the right to review whether developed countries are living up to their commitments.
India’s formulation on technology development and transfer through a technology executive committee and climate technology centre and networks formed a critical component of the final text, and a major win for developing countries.
Due to India’s insistent efforts, the parties avoided a decision at Cancun on the phrase “legally binding agreement”. Instead, the Ad Hoc Working Group has been requested to “continue discussing legal options” with the aim to reach consensus, if possible, on this issue by the next conference of parties.
At a press briefing on India’s proactive domestic actions on addressing climate change I highlighted the (i) National Action Plan on Climate Change; (ii) Indian Network for Comprehensive Climate Change Assessment; (iii) Expert Group on Low-Carbon Strategy for Inclusive Growth (iv) activities being undertaken by various state governments; and (v) our regional initiatives in SAARC and with countries like Nepal, Bangladesh and the Maldives.

Binding commitments

At the high-level segment, I made a detailed statement which highlighted India’s efforts on addressing climate change. In this statement I also said that “all countries must take on binding commitments in an appropriate legal form”. This statement has formed the basis for much discussion at home. So I feel that I must clarify what I intended to convey and the context in which this statement was made.
There appeared to be a view being pushed by a majority of developing and developed countries at Cancun that all countries must agree to a legally-binding agreement. Most countries, including our BASIC partners Brazil and South Africa, our developing country partners in AOSIS, LDCs, Africa, and four of our SAARC partners (Bangladesh, the Maldives, Nepal and Bhutan) shared this view. The only countries opposing this were the US, China, India, the Philippines, Bolivia, Cuba, Nicaragua, and Saudi Arabia. It was, therefore, important for India to demonstrate that it was not completely oblivious and insensitive to the views and opinions of a large section of the global community.
First, I have called for commitments in an “appropriate legal form” and not a legally-binding commitment. This is an important distinction. My statement leaves open the need for differentiation between Annex I (developed) countries and non-Annex I (developing) countries. Annex I commitments could be legally binding with penalties. Non-Annex I actions could be purely voluntary and without penalties.
Moreover, the reference to an “appropriate legal form” is a very broad one. Indeed even decisions of the Conference of Parties (COP) to the UNFCCC are of an appropriate legal form. Similarly, commitments that our government makes to our Parliament are also, in our view, of an appropriate legal form. In fact, on October 5, 2009, I had mentioned the idea of introducing domestic legislation that will not contain explicit emission reduction targets but will have implicit performance targets for mitigation and adaptation (such as mandatory fuel efficiency standards by 2011, mandatory energy conservation-compliant building codes by 2012, 20% contribution of renewables to India’s energy mix by 2030 etc.). Many countries like Brazil and Mexico already have such laws and others like China and South Africa are also considering such legislation.
Secondly, contrary to some misquoted references in the domestic media, I did not make any commitment on India undertaking absolute emission cuts. India has made it very clear that while it will undertake voluntary mitigation actions, including reducing the emissions intensity of its GDP by 20-25% by 2020 on a 2005 reference year, India will not take on any emission cuts or agree to any peaking year for its emissions. There is no change in this position.
Thirdly a legally binding agreement is not acceptable to India at this stage. Unless we have clarity on (a) what the substance of such an agreement is, (b) what the penalties for non-compliance are, and (c) what the system for monitoring is, we will not be able to even consider a legally binding agreement. This position remains unchanged.
My effort was to walk the thin line between safeguarding our position while showing a level of sensitivity to the view shared by the majority of countries at Cancun, including many of our developing country partners. I believe we have been able to walk this thin line effectively with this stand. This nuancing of our position will expand negotiating options for us and give us an all-round advantageous standing.
My constant effort has been to ensure that our negotiating stance on climate change is guided by three principles: (i) the need to protect our economic growth, inclusive development and poverty eradication agenda; (ii) the pursuit of our domestic environmental policies; and (iii) the achievement of our foreign policy objectives, in particular that India be seen as a constructive, solution-oriented player in global negotiations. I believe we have managed to accomplish these three objectives at Cancun. Tribune

Malfeasance in the military

Malfeasance in the militaryIt can be relied upon to apply the correctives by Lt-Gen Harwant Singh (retd)

FOR some time the military has been much in the news for almost all the wrong reasons. With the increasing number of scandals and scams being reported by the media, one cannot help but suffer the sinking feeling that the Indian military, too, along with almost every other constituent of the government is on the downward slide. Some may argue that the military can be no other than a mirror image of society from which it draws its manpower. Even so the ethos, the sense of honour and discipline in the military make it apart from society at large and as such can be relied upon to apply the correctives and stay on course.
It may be instructive to put in the right perspective some of the scams which have in the recent past drawn attention of the media and seem to tarnish the military’s fair image. Take the case of Sukna scandal. It relates to the issue of the No-Objection Certificate ( NOC ) to a private party for building a school on a piece of land outside the cantonment (not Army land). This NOC contravened a law that no civil construction can be allowed within 1000 yards of the cantonment boundary, but there has to be a notification to that end by the civil authority. In this case,there was no notification. Even so, the NOC issue was taken as an improper act and disciplinary action initiated against the officers concerned, including three general-rank officers.
In the Tehelka episode, one senior officer was put behind the bars and the career of another general came to an end for merely accepting dinner from a Tehelka team. Some others suffered various degrees of punishment. As against this, those from the Ministry of Defence and involved in the case are yet to be punished. The additional secretary who accepted a gold chain from the Tehelka team was soon promoted. One defence secretary charge-sheeted in the Bofors case, instead of facing proceedings against him, was given the assignment of a Lt-Governor, placing him outside the reach of the long arm of the law. Another defence secretary was indicted by the Delhi High Court for altering the annual confidential report (an official document) of an air force officer. He was merely shifted to another ministry. Then there was the case of a defence secretary who on his own went ahead and entered into a dubious deal for the purchase of one lakh rifles for the Army for which no ammunition was available in the world market. Nothing happened against him. It would be interesting to note that none of these cases were brought to light by any internal mechanism of the Ministry of Defence. This was done by outside agencies.
In the case of some other scandals and fake encounters by Army men, which have been in public domain, action was taken and those involved were arrested, including a few senior-level officers, while some others were given a range of punishments. A number of cases reported later have not seen timely disposal, as the officers concerned have been seeking relief from civil courts, resulting in delays. They may be able to buy time, but in no way will they escape the wrath of the military law.
In the high-voltage case relating to the Adarsh Housing Society flats in Mumbai, the malfeasance is far more serious than the Sukna scam. In this particular case, the land (named Khukhri Park) was given to the Army by the civil administration a few decades earlier in exchange for some land of the Army elsewhere, taken by the civil administration to make a bypass, etc. Since this land was given to the Army, in the first place it should have come on the land records of the Defence Estates Department (a department of the MoD). This was obviously not done and the land remained on the records of the civil administration, though ipso facto the land belonged to the military and was in its possession. There is no provision under which this piece of land could be given to anybody, even to Kargil widows/heroes, without sanction from the Union Cabinet in Delhi. Putting the label of “Kargil war widows/heroes” on the Adarsh Housing Society appears to have been a later-day innovation.
It was the implied ambiguity in the ownership of the land which was exploited by RC Thakur, a functionary in the Defence Estates Office ( DEO ) at Mumbai. Though the military was the de-facto and de-jure owner of this land, slip-up, intentional or otherwise by the Defence Estates office, in not taking it on its records was of little consequence. While the military land records are maintained by the Defence Estate Office, it is the Army Commander who is the custodian of all kinds of military land within his command.
The sub-area commander of the military station at Colaba (who later came back as area commander after an NDC course), the subsequent area commanders and some others most shamefully collaborated in this nefarious scheme. They also roped in some of their greedy seniors. Not to be left out, those in the politico-bureaucratic set-up who were to give various clearances for the project picked up slices of the cake for themselves, friends and relatives. Eventually they formed the majority. Some others who could and were equally desperate for that piece of cake too joined in. Since this building was originally meant to have only six floors, its foundation would have been laid to cater to that requirement. Therefore, how could the building with the same foundation be raised to 30/31 floors? The mischief runs deeper.
From the large number of cases that have been brought to light, the impression seems to prevail that the military, too, has gone under. With officer-strength of over 35,000, even dozens of cases should not cause any alarm. The environment in the country is conducive to corruption, and an increasing number of Army men are not able to resist the temptation. It would be interesting to note that only the military organisations that come in contact or deal with the civilian contractors and wheeler-dealers of civil organisations are affected by the corroding influence of corruption. All the others in the military abide by high standards of integrity and honesty.
Therefore, it would be seen that it is the military’s own internal mechanism which invariably brought these cases to light and then proceedings were launched against the suspects. One can be certain that in the Adarsh Housing Society case, too, those whose actions are still governed by the military law (military law continues to operate in the case of an individual up to two years after retirement ) will face the military’s music.
While the military can be relied upon to routinely deal with the rot that seems to be creeping into its system, more vigorous and determined efforts will have to be made by the top brass to dig out every suspected case of corruption and misconduct and promptly dealt with. The exaggerated notion of scale and scope of privileges which supposedly go with higher ranks needs to be curbed. The present Army Chief is known for high integrity, probity and moral values and will surely clean up the Augean stables.
The writer is a retired Deputy Chief of the Army Staff.


Tribune

Kangris-winter mate in Kashmir

Women buy kangris from a roadside vendor in Srinagar on Tuesday. The sale of kangris has picked up during the past few days due to a drastic fall in the temperature. — PTI

The indigenous pilotless aircraft

The indigenous pilotless aircraft

Pilotless aircraft flight tested

New Delhi, December 21
India's indigenous Lakshaya pilotless target aircraft was successfully flight tested to check user requirements for such a combat aerial vehicle.
"Bangalore-based Aeronautical Development Establishment conducted the flight test of Lakshya-2 successfully yesterday," a Defence Research and Development Organisation press release said here today.
The aircraft is built to meet anticipated users requirements for such a vehicle for testing out their guns and missiles and the users have indicated their requirement of flying it at very low altitudes of 15 to 25 metres above sea level to simulating trajectory of low-level cruise missiles.
"ADE prepared the Lakshya-2 with necessary hardware and software for meeting the user requirements. The flight test was of 32 minutes.”— TNS

India, Russia sign 29 pacts

India, Russia sign 29 pacts Both nations to jointly develop fifth generation fighters; set trade target of $20 bn by 2015  Moscow asks Pak to punish 26/11 attackers; supports India’s bid for UNSC seat 
Ashok Tuteja
Tribune News Service

MAIN PACTS  Cooperation in the field of elections by exchanging information, expertise. Cooperation in emergency management, including disaster forecasting. Mutual simplification of travel documents for certain categories of nationals. Cooperation in science, technology and innovation. To establish India-Russia scientific and technological centre. Joint research and development in reactor technology. Cooperation in the area of IT, IT-enabled services. Cooperation in area of pharmaceuticals

New Delhi, December 21
India and Russia today demonstrated to the world why their relationship was so special. While they could not formally ink the agreement for setting up additional nuclear power units at Kudankulam in Tamil Nadu, the two countries signed a record 29 deals, including one on joint designing and development of the fifth generation fighter aircraft (FGFA) and another for jointly undertaking projects in the oil and gas sector in India, Russia or a third country.

Close on the heels of visits by other top world leaders, Russian President Dmitry Medvedev came calling on New Delhi, making all the right noises to deepen the strategic partnership between the two time-tested friends.

In a joint statement issued after wide-ranging talks between Prime Minister Manmohan Singh and the Russian leader, the two countries asked Pakistan to expeditiously bring the perpetrators of the Mumbai attacks to justice and dismantle the terrorist infrastructure on its soil.

The Russian President endorsed India’s candidature for a permanent UN Security Council seat and also promised to support New Delhi’s quest to become a full-fledged member of the Nuclear Suppliers’ Group (NSG), MTCR and the Wassenaar Arrangement.

Apart from 11 pacts, which were signed after the talks between the two sides, 18 agreements, including those between private companies of both the countries, were inked on the margins of the Manmohan-Medvedev summit. The two countries also set an ambitious bilateral trade target of $ 20 billion by 2015.

The most significant of the accords signed this afternoon was the one on FGFA, estimated to be worth about $ 30 billion, with India planning to induct up to 300 of these aircraft into its Air Force. The contract envisages joint development of preliminary design contract (PDC) for the advanced fighter jet and will involve Hindustan Aeronautics Ltd (HAL) from India and the Sukhoi Design Bureau and Rosoboronexport on the Russian side. Russia has been seeking to fend off growing international competition from the US and Europe to retain its edge in the lucrative Indian defence market as this country diversifies its resources of military hardware.

In the civil nuclear cooperation field, the two sides reviewed the progress made for commission of Kudankulam I and II units and for setting up two more units there. “Discussions have progressed on the construction of additional Russian nuclear reactors at Kudankulam, and we have signed an agreement to broaden scientific and technical cooperation in the field of nuclear energy,” the joint statement said. The two sides are learnt to have reached a broad agreement on additional nuclear power units at Kudankulam but have not been able to complete price negotiations. Unlike Chinese Premier Wen Jiabao who last week shied away from saying a word against Pakistan on the issue of terrorism during his visit to New Delhi, the Russian leader made statements which played well with his hosts.

“Terrorists are criminals.... They should be extradited to be punished. Those who hide terrorists conceal criminals,” Medvedev said when asked how Russia looked at safe havens of terror operations in the region. His remarks are being read here as an endorsement of New Delhi’s demand that Pakistan hand over to India the masterminds behind the 26/11 attacks.

“We understand that the extradition process is quite complicated but it is important that international cooperation in this field should be in place between all those interested in the fight against terrorism,” Medvedev said.

“I believe that no modern civilised state can hide terrorists as law-abiding citizens and cannot proceed on the assumption that they will change,” he said.Tribune

Russian President Dmitry Medvedev

Russian President Dmitry Medvedev answers questions at Hyderabad House in New Delhi on Tuesday. Tribune photo: Mukesh Aggarwal

India, Russia sign 29 pacts-Both nations to jointly develop fifth generation fighters

-set trade target of $20 bn by 2015

-Moscow asks Pak to punish 26/11 attackers

-supports India’s bid for UNSC seat 

Russia’s interest in India

Russia’s interest in IndiaHow they can benefit from each other

Russia, which has already been cooperating with India in two nuclear power projects in Tamil Nadu, has been having discussions with the Indian authorities for two more such projects in the same state — Kudankulam III and Kudankulam IV. 

But nuclear energy is not the only area where the two countries can help each other. Russia has vast gas and oil reserves and India needs these for meeting its fast growing power requirement. India has joined the gas pipeline project along with Afghanistan and Pakistan to bring gas from Turkmenistan. Russia does not want to be left behind.


other subjects about which there is commonality of views between the two countries. How to go about fighting terrorism emanating from the Af-Pak area is one such issue. In this regard India and Russia need to discuss a joint strategy for post-July 2011 Afghanistan in view of the scheduled departure of the US-led NATO troops from there. Iran may offer its help to both India and Russia to protect their interests in Afghanistan. How far Iran can be allowed to join the Indo-Russian strategy should be discussed during Medvedev’s New Delhi visit.Tribune

corruption

Taking on corruptionOnus on Congress to implement its agenda

IF Congress president Sonia Gandhi is really serious about her five tips to root out corruption, she should ensure their implementation at the Centre and in the Congress-ruled states. This may shame other ruling parties to follow suit. Simply offering “advice” to the Congress chief ministers and ministers to give up discretionary powers is not going to help. Experience shows no one surrenders power voluntarily. At least, Prime Minister Manmohan Singh, whom she described as “the embodiment of sobriety, dignity and integrity”, has declared that “like Caesar’s wife, (the) PM should be above suspicion” and that his government will “pay careful attention to” her five-point agenda.
Each of the five points — fast-tracking corruption cases involving politicians and public servants; transparency in procurements and contracts, and protection to whistleblowers; an open, competitive way of selling natural resources; shedding discretionary powers by Congress chief ministers and ministers; and the state funding of elections — makes eminent sense and deserves a wider debate. Land acquisitions have raised a lot of dust in the recent past. Why should governments get involved in private or corporate land deals unless there is a breach of law or justice demands so? Besides, a law can be enacted to confiscate the property of a public servant convicted for corruption as has been done in Bihar. Even the Local Area Development Fund has been abolished in Bihar because of its misuse.
There is no dearth of noble intentions or ideas to banish corruption. How to do it is the key issue. If the steps proposed by Ms Sonia Gandhi are implemented in the right spirit – and these can be – corruption can be minimised, at least in some areas. It is urgent for the nation as well as the party to remove the stink left behind by the 2G scam, the misappropriation of large amounts of government money during the recent Commonwealth Games and the grabbing of Adarsh flats by influential politicians and top Army officers meant for the families of war heroes. A fast-track disposal of these three cases with exemplary punishment to the accused will largely help in restoring public faith in the system.Tribune

Soniya's take on corruption

There is no doubt that corruption at all levels has become a disease 

spreading throughout our society.I believe that both as a party and

as a government we must confront corruption head-on.First, there

is merit in instituting a new system of fast-tracking all cases 

that concern corruption by public servants, including politicians.

This would bring the guilty to book quickly and clear those unfairly 

charged.

Second, we must ensure, through legislation and clear procedures, full 

transparency in public procurement and contracts. It is the duty of the 

administration to ensure that there is no subversion of due process. And 

should it come to pass, whistle blowers must be protected.  

Third, we have ample evidence that all discretionary powers, particularly 

in land allocation breed corruption. I would like all Congress chief 

ministers and Ministers at both the Centre and states, to set an example 

by reviewing and relinquishing such powers.  

Fourth, we need an open, competitive system of exploiting natural 

resources.

S Korea starts live-fire drill

Colonel Lee Boong-Woo, spokesman of South Korean Joint Chiefs of Staff, at a briefing on the live-fire exercise being undertaken on Yeonpyeong island, in Seoul on Monday. — AFP

Yeonpyeong Island, Dec 20

South Korea launched a live-fire military exercise on a border island today, despite North Korean threats of deadly retaliation, as UN diplomacy on the regional crisis broke down.

North Korea disputes the Yellow Sea border drawn by the United Nations forces after the 1950-53 Korean War. It claims the waters around Yeonpyeong as its own.

North Korea's military appears to be preparing for a counter-attack, removing covers from coastal artillery guns and forward-deploying some batteries, a military source said.
CNN correspondent Wolf Blitzer, who is travelling with Richardson in Pyongyang, said there were signs of deal-making.
North Korea had agreed with Richardson, a former US ambassador to the UN, to let inspectors from the UN's International Atomic Energy Agency go back to its Yongbyon nuclear facility, Blitzer said.
It had also agreed to allow fuel rods for enrichment of uranium to be shipped to an outside country, and to the creation of a military commission and hotline between two Koreas and the United States, Blitzer said. — AFP

Interlocutars in J&K

(From left) Interlocutors Dileep Padgaonkar and Radha Kumar and PDP president Mehbooba Mufti talk to mediapersons in Jammu on Monday. A Tribune photograph

STATE OF THE CONGRESSIN POOR HEALTH THE GRAND, OLD CONGRESS, THE LARGEST AND THE OLDEST POLITICAL PARTY IN THE COUNTRY, FINDS ITSELF AT CROSSROADS. WHILE SONIA GANDHI HAS MANAGED TO KEEP THE 125-YEAR-OLD PARTY TOGETHER, IT APPEARS TO HAVE LOST THE PLOT IN MOST OF THE BIGGER STATES, LOSING GROUND TO ONE REGIONAL PARTY OR THE OTHER. IT NEEDS TO RE-INVENT ITSELF TO REMAIN RELEVANT, DISCOVER THE TRIBUNE CORRESPONDENTS. MILES TO GO: A pensive Congress president at the party plenary on Sunday Imperatives of coalition politics at the Centre need not deter Congressmen in the states from dreaming big. It was an intriguing message sent out on Sunday by Congress leaders from the party's 83rd plenary session on the outskirts of New Delhi. Could it mean that state units would be free to forge regional and opportunistic alliances with smaller and regional parties ? Or was it meant to convey that come what may, the party would revive and re-invent itself and go it alone ? It is often difficult for a national party to reconcile regional aspirations and ambition. While Congress leaders in Andhra Pradesh may find all the justification to concede the demand for a separate Telangana, it is difficult for the Congress to take any decision in haste due to its possible repercussions elsewhere. A national party must perforce put the interests of the country above everything else. But while the Congress gropes for a way forward and seeks to get its act together, it does need to reflect on its role in the states where it is not in power. A lack of clarity and an aversion to take up and uphold both just causes and national interest have led to a loss of credibility from which it is finding difficult to recover. In Tamil Nadu, the Congress is content to play second fiddle. Since the Congress lost power in TN in the wake of anti-Hindi agitations spearheaded by the DMK, it has not been able to regain its lost ground. Besides the lack of a charismatic leader in the state and factional feuds, the party had lost touch with regional sentiments due to the wide gap between the people and party leaders. While Congress leaders often hail former AICC president K Kamaraj as the model for Congress rule and promise to revive his memory, they gloss over the fact that Kamaraj spent the final days of his life, fighting Indira Gandhi. None of the leaders who were close to Kamaraj is associated with the present Congress party. But a large section of people in Tamil Nadu had great admiration for Indira Gandhi. Her twenty-point programme, her image as a great leader who strengthened Indian defence, economy, science and technology and the country's image in the international arena, is still recalled by people. She is also remembered as a kind mother who appreciated the sentiments of Tamil people and her Sri Lankan Tamil policy is still admired even by strong opponents of the Congress. But the failure to recall Prime Minister Manmohan Singh's association with Indira Gandhi and to claim the rightful legacy of the latter is one of the reasons for the decline of the party in the state. The attitude of the central leadership which sacrificed the interests of the party in Tamil Nadu to increase its Lok Sabha tally, also contributed to demoralisation among party cadres. When the DMK split in 1972, Congress leaders were hopeful of staging a comeback in Tamil Nadu. However, the split and the formation of the AIADMK pushed the Congress to the third place, with a vote share of around 20 per cent. Since then, the party is using this vote share to align with one of the Dravidian parties, who are content to allocate most of the Lok Sabha seats to the Congress and in return, retain most of the Assembly seats for themselves. However, when it formed an alliance with Jayalalithaa's AIADMK in 1991, it accepted one-third of Assembly seats again. Jayalalithaa was catapulted to power with a thumping majority, following a sympathy wave following the assassination of Rajiv Gandhi. The Congress is also seen to be supporting Karnataka or Kerala in the Cauvery and Mullaiperiyar water disputes. Even as the DMK continued in the UPA cabinet which was accused by Tamil groups of supporting Mahinda Rajapaksa's genocidal government, it managed to neutralise people's anger by claiming to to be opposed to the Centre's policies and decisions. It was the Congress, however, which suffered. The party secured over 14 per cent votes in the 2009 elections. This vote share is sufficient for it to cause a major swing. So, both the AIADMK and DMK are eager to have an alliance with it. The minorities and SC communities are with the Congress still. But, the upper caste voters are with the AIADMK now, while the BC votes, which form the majority in Tamil Nadu, are split between the AIADMK and DMK. But the party no longer has an identity of its own. Its stand on most of the issues affecting the people's mind are not known. Similarly, in Maharashtra the party is unable to take advantage of a splintered opposition. The BJP-Shiv Sena alliance is frayed and the split in the Sena has hurt the alliance. The NCP remains a regional force. But still, the Congress has made no headway. In fact in the just concluded elections to the Kalyan-Dombivli municipality Raj Thackeray's MNS took the second place after the Shiv Sena-BJP despite the Congress contesting in alliance with the NCP. Power struggles within the party continue to weaken the party. Prithviraj Chavan who replaced Ashok Chavan as Maharashtra's Chief Minister in the wake of the Adarsh Housing Society scandal, is seen by his colleagues in the state Congress party as an import from Delhi with a tenuous hold in state politics. Chavan's assumption of the top job was clearly inauspicious. Ajit Pawar, the ambitious nephew of Nationalist Congress Party supreme Sharad Pawar, pushed his way to the post of Deputy Chief Minister. The new Chief Minister has had to yield some ground within weeks of taking over. Noted social worker Anna Hazare forced him to set up a commission to probe the setting up of the Lavasa hill station near Pune. With Sharad Pawar being the main backer of Lavasa, Chavan's political survival entirely depends on how the commission goes ahead with the job. Though he is seen as a clean politician, Chavan is not immune to the pressures of leading a national party in a major state like Maharashtra. Over the years Maharashtra has emerged as a major contributor to the Congress party's finances and this has put successive Chief Ministers at the mercy of the powerful builders' lobby. Chavan, like his predecessors , continues to hold the urban development portfolio seen as a cash cow in a state whose cities are undergoing rapid development. Within weeks of taking over , Prithviraj Chavan's government overrode objections from urban town planners and other experts to award a bonanza to builders in Mumbai's suburbs. By paying a token fee, developers in suburban Mumbai were allowed 33 percent more area to build upon. The bonanza for builders is estimated at several thousand crore rupees in the current financial year alone. In Bihar, the party has never been able to recover since its failure to stop the infamous Bhagalpur riots in 1989, which was accentuated by its failure to take resolute action against the culprits. Its strength in the state Assembly sunk this year to an all-time low with just four of its candidates managing to win in the House with a strength of 243. Although Bihar elects 40 members of the Lok Sabha, Congress has just two seats from Bihar. A further nail in the Congress coffin was driven by the emergence of Lalu Yadav and his slogan of social justice. The demolition of the Babri mosque alienated the Muslims and completed the isolation of the Congress in the state. Gradually the Congress came to depend so much on Lalu's popularity for its electoral prospects that it was branded as a 'B'team of RJD. The party was content with that status till the last Lok Sabha elections when Lalu and his new found ally Ram Vilas Paswan decided to push it further down to the status of their 'C' team. Finding no other alternative, the Congress decided to contest all the 40 Lok Sabha seats. But it could not find suitable candidates for all the seats, forcing it to fall back on discredited politicians having criminal antecedence like Sadhu Yadav and Pappu Yadav. Even that did not help because of infighting and with virtually no organisation at the grassroots. Uttar Pradesh was once the pocket borough of the Congress and the Nehru-Gandhi family. But despite nursing of their own constituencies by Sonia and Rahul Gandhi, and frequent visits by them to the state, party leaders were forced to concede that it indeed has no 'Mission 2012' for UP, a tacit admission that it has given up hopes of putting up a fight in the Assembly election. The much-publicised first transparent election to choose the president of the central region of the Youth Congress took a lot of time and energy. Tarun Patel made history in more ways than one- he was elected in a long drawn election and then suspended soon thereafter for indiscipline when he got locks in the Youth Congress office broken to make room for his new team. The ambitious statewide yatras announced to commemorate the 125th anniversary of the Congress also turned into a major embarassment. Scheduled across the state, covering every assembly segment, they were meant to remind the people of the state's contribution to the first war of independence and the freedom movement. They were also meant to resurrect unsung local heroes. However, the yatras flagged off with much fanfare by AICC General Secretary Rahul Gandhi on April 14 never really took off and had to be cut short or abandoned mid way. First it got embroiled in controversies in several places as district level leaders engaged nautch girls and other hired entertainers to attract and retain crowds in the sweltering heat. Obviously this did not go down well with the senior leaders. Finally the yatras were cut short. The second phase in November also failed to arouse much interest and were cut short as Congress leaders scrambled to explain that people were busy with the panchayat elections and the wedding season. The grand public rally to be addressed by the Congress president Sonia Gandhi in Allahabad to mark the culmination of the yatras also remained a non event, coming as it did on November 25, a day after the party's debacle in Bihar. The result of the two by polls to the assembly seats of Nidhauli Kalan in Etah and Lakhimpur Khiri in November, therefore, came as no surprise. In both the places the Congress candidates lost their deposits, coming third and fourth respectively. Such examples from other states, specially the bigger states, can be multiplied to highlight the plight of the grand,old dame.It would be a pity though if a great institution with a glorious past flounders. The country needs a strong, liberal, secular and nationalist party, in power or in opposition.It is time for Congress leaders to rise to the occasion and put their house in order. Nelson Ravikumar in Chennai, Shiv Kumar in Mumbai, Shahira Naim in Lucknow States where Congress is in power Assam, Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Rajasthan, Maharashtra, Andhra Pradesh, Haryana, Goa, Puducherry Where Congress is out of power Uttar Pradesh, Madhya Pradesh, Gujarat, Orissa, Bihar, West Bengal, Kerala, Tripura, Nagaland, Sikkim, Karnataka, Tamil Nadu, Punjab, Himachal Pradesh, Uttarakhand, Jharkhand, Chhattisgarh, Elections due in 2011 West Bengal, Assam, Kerala, Tamil Nadu

THE ODDS Allies: Sensitivity of coalition partners, tantrums and mood-swings and the sheer unpredictability of Mamata Banerjee, Karunanidhi and Sharad Pawar appear to cramp both Congress and the government. Corruption: The messy affairs of the Commonwealth Games, 2G spectrum allocation, Adarsh Housing Cooperative etc. have made the government and the party vulnerable to charges of condoning corruption. Credibility: The party is seen to be balancing the agenda for the aam-aadmi with patronage to crony capitalism. Its failure to control food inflation and reform the PDS have hurt people where it hurts most. And its passive stance vis-à-vis Ayodhya verdict has led to further disillusionment among the minorities. Drift: After beginning with a flourish, the UPA II government seems to have floundered. With ministers speaking out of turn and voicing their opinion on all issues, the government appears adrift with nobody seemingly in control. Dynasty: With Sonia Gandhi widely believed to be the power behind the throne and Rahul Gandhi accused of shirking both responsibility and accountability, the party is vulnerable to charges of dynastic rule. Gen Y: Despite Congress general secretary Rahul Gandhi’s personal initiative, there is no indication of the party winning over the youth , or for that matter the Youth Congress at the vanguard of change. High-command: The party has been battling the practice of leaving all decision-making to the ‘high-command’. With decision-making centralised in a coterie, inner-democracy and discipline within are casualties. Infighting: Almost every state unit appears divided with leaders talking and working at cross purposes. The party has neither been able to enforce discipline nor to bolster the organisation at grassroots. Leaders with mass base: The party is virtually bereft of leaders with mass base. Leaders like Pranab Mukherjee, P Chidambaram or A.K. Anthony—or the younger leaders like Sachin Pilot or Jyotiraditya Scindia do not seem to have the appeal or ability to deliver their respective states. Organisation: While party general secretary Rahul Gandhi's visits to the homes of the poor attract TV coverage and headlines, the party's ministers, MPs and MLAs are seldom in touch with grassroots. Perception: Congress is fighting the perception that real power rests with Sonia Gandhi, prompting her to endlessly endorse the Prime Minister. This has strengthened the impression that the PM and the PMO is weak. Values: While partymen ritually put on the Gandhi cap, Khadi or dutifully operate the spinning wheel, whenever occasion demands, the party has failed to promote and cultivate a culture of austerity and Gandhian values.

Congress through the years Delegates at the first session of the Congress in Bombay on December 28, 1885 The Indian National Congress was founded in 1885 by prominent members of the Theosophical Society. Among the founders were Allan Octavian Hume, Dadabhai Naoroji, Womesh Chandra Bonnerjee and Mahadev Govind Ranade. The party went from strength to strength and spearheaded the freedom struggle, boasting a membership strength of 15 million at one time. Sonia Gandhi took over as Congress President in 1998 from Sitaram Kesri, old party loyalist and long-term treasurer. A section of the party broke away in protest and formed the Nationalist Congress Party. But since then the NCP has reconciled to Sonia's foreign origin. Narasimha Rao and Rajiv Gandhi were both Prime Minister and Congress President. The first Congress president was W.C. Bonnerjee in 1885. He was again elected president in 1992. In pre-independence days, the party elected the president every year. On Sunday the term of the president was extended from three years to five. It is interesting to note that while as many as five Muslims held the post of Congress President in pre-independence days, not a single Muslim has held the post since Independence. Hasan Imam (1918), Hakim Ajmal Khan (1921), Maulana Mohammad Ali ( 1923), Maulana Abul Kalam Azad ( 1923 special session and 1945) and M.A. Ansari ( 1927) held the post before Independence. The Congress has always found it difficult to defend the imposition of Emergency by Indira Gandhi, the failure of the state to stop the anti-Sikh riots after her assassination, the remark by Rajiv Gandhi that it is inevitable that the earth would shake when a mighty tree is felled and the accusation that bidding was used to distribute seats by the party. The party is accused on the one hand of appeasing Muslims while the minority community accuses it of doing not quite enough for them. Tribune

Live in relationship

“Commitment” to live together

Traditionally, the Indian society might have frowned upon live-in relationships. But the growing number of such couples indicates a degree of acceptance. Women, however, are still the losers
THE ‘live-in-relationship’ is a living arrangement in which an un-married couple lives together in a long-term relationship that resembles a marriage. The Hindu Marriage Act 1955 does not recognise ‘live-in-relationship’. Nor does the Criminal Procedure Code 1973. The Protection of Women from Domestic Violence Act 2005 (PWDVA) on the other hand for the purpose of providing protection and maintenance to women says that an aggrieved live-in partner may be granted alimony under the Act.
“Merely spending weekends together or a one-night stand would not make it a domestic relationship,” said a bench of Justices Markandey Katju and TS Thakur, cautioning that in future, claims for financial relief arising out of live-in link-ups would increase in India. The Supreme Court of India has noted that just any ‘live-in relationship’ does not entitle a woman to alimony. To make a ‘live-in’ legal the Supreme Court says that the couple must hold themselves out to society as being akin to spouses; they must be of legal age to marry; they must be otherwise qualified to enter into a legal marriage, including being unmarried; and they must have voluntarily cohabited for a significant period of time. Making an attempt to iron out certain ambiguous situations, the judges also said that if a man has a ‘mistress’ whom he maintains financially and uses mainly for sexual purpose and/or as a servant it would not, in our opinion, be a relationship “in the nature of marriage.”
Conscious that the judgment would exclude many women in live-in relationships from the benefit of the PWDVA, the apex court further said it is not for this court to legislate or amend the law. Parliament has used the expression ‘relationship in the nature of marriage’ and not ‘live-in relationship’.
Considering the increasing number of live-in relationships in our times in India, the Supreme Court wants the scope of the provision for maintenance under section 125 of the criminal procedure code (Cr.P.C.) expanded, so that women in such relationships do not face economic deprivation after living in a domestic set-up for long periods of time.
The issue has assumed and rightly so huge dimensions that Justice GS Singhvi and Justice AK Ganguly have urged the Chief Justice SH Kapadia to set up a larger bench to consider whether “the living together of a man and woman as husband and wife for a considerable period would raise the presumption of a valid marriage between them and whether such a presumption would entitle the woman to maintenance under section 125 Cr.P.C.?’’ Secondly whether proof of marriage is essential for a claim of maintenance under the section? Also whether a marriage performed according to customary rites, without strictly fulfilling the requisites of the Hindu Marriage Act, or any other personal law, would entitle the woman to maintenance under the section?”
The bench also wanted an expansive interpretation of the term ‘wife’ to include cases where a man and woman have been living together as husband and wife for a reasonably long period. The judges said the PWDVA gave a very broad definition of the term ‘domestic abuse’, which must include economic abuse.
The law traditionally has been biased in favour of marriage. Public policy supports marriage as necessary to the stability of the family, the basic societal unit. To preserve and encourage marriage, the law reserves many rights and privileges to married persons. Cohabitation carries none of those rights and privileges. It has been said in the context that cohabitation has all the headaches of marriage without any of the benefits.
What the PWDVA does is that it deters men from having ‘live-in-relationships’ for the fear of providing maintenance to his partner. On the other hand if a married man provides maintenance to his partner he is denying what was the economic right of his legal wife and children.
What needs to be understood is that the institution of marriage and issues that emerge from it is essentially a concept that needs to be perceived in a time frame and specific context. A set of norms valued and acceptable in one context cannot easily or rather should not easily be planted in another context. Today’s India is changing at a pace that was socially unimaginable say 50 years ago. Issues like ‘live-in relationship’ that were taken up by the western society are gradually percolating into our social norms. The most obvious contributing factor being the transformed urban life which itself is growing from factors associated with urbanisation and increased income, long hours of work, often late in the night and virtually no time for family.
But the issue that needs our conscious attention is that is Indian society ready for this trend? It needs to be noted that whatever one may say the fact is that women will ultimately emerge as the most vulnerable and possibly the greatest losers. Children that result from such relationships are also to be kept in mind. The conventional argument that has always been cited in favour of India’s unique concept of the family being responsible for looking after the young and the aged is also an issue of concern.
The PWDVA is silent on the status of children out of a ‘live-in relationship’. Finally it must also be appreciated that laws and legal obligations notwithstanding foundations of a relationship are based on commitment.
Marriage is just another commitment. If people are shying away from marriages – one reason could be that people are scared of commitments that grow from marriage and are worried– what if it does not work out? Divorce procedures in our country are cumbersome and taxing. May be they need a more liberal reframing so as to decrease the element of fear.
(The writer is Director, Women’s Studies, Research Centre, Kurukshetra University)

What judges said ON October 21, 2010 a Two-Judge Bench of Supreme Court comprising Justices Markandey Katju and TS Thakur in D Veluswamy vs D Patchaiammal ruled that in their opinion not all live-in relationships will amount to a relationship in the nature of marriage to get the benefit of the PWDVA, 2005. Merely spending weekends together or a one-night stand would not make it a “domestic relationship.” If a man has a “keep” whom he maintains financially and uses mainly for sexual purposes and/or as a servant it would not, in our opinion, be a relationship in the nature of marriage. No doubt, the view we are taking would exclude many women who have a live-in relationship from the benefit of the PWDVA Act, but then it is not for this court to legislate or amend the law. Parliament has used the expression "relationship in the nature of marriage" and not "live in relationship". Voices of disappointment With reference to the decision of the Supreme Court in the D. Velusamy vs. D. Patchaiammal reflecting upon live-in relationship, Additional Solicitor General Indira Jaising strongly objected to the gender insensitive terminology employed in the decision, especially the use of the word ‘keep’. "Keep for Indian women translates into the Hindi term rakhel, which is highly derogatory and betrays a male chauvinist attitude,” she remarked. Similar echo can be heard in other sections of society. “A live-in relationship is more a marriage of convenience than marriage of commitment. In any conflict arising out of such relationships, it is the woman who has to bear the brunt of the emotional trauma.” Monica Vij assistant professor of sociology in PGGCG-11. “Using “passive language” can be very debilitating for a woman in this situation. It can have a deep negative psychological impact about self and others. Whether it is marriage of commitment or convenience it is not easy to cultivate a thick skin or an attitude of detachment to escape the trauma of being called derogatory names.” Sanoli Sharma  a public relations officer with an advertising company. “Two people consent to be in the relationship. Why is it that only the so- called weaker sex is victimised?” Chanda Negi a teacher from Himachal Pradesh. “Women cannot be given secondary social identities. The use of the word keep and concubine has lot of undertones and strengthens sexual hierarchies. The Supreme Court has clearly supported cultural stereotypes. If we want to have society of equals then we need to remove such terminology from our dictionaries.” Pushp Raj Arora, former editor, Thompson Reuters. (As told to Gargi Arora, a sociologist)

Dispel confusionHemant Kumar THE diverse societal opinion on the growing trend of “live-in-relationship” apart, the judicial viewpoint over the same has been rather cautious. Of course, things have undergone a change after the enactment of Protection of Women from Domestic Violence Act, 2005 (PWDVA) whose provisions also extend to women living-in a relationship in the nature of marriage. By doing so, albeit in a veiled manner, the legislature has finally endeavored to accept the contemporary global phenomena appreciated and attempted by some persons among the Gen Next. In August this year, a Division Bench of the Supreme Court ruled that a live-in which has been long lasting will be considered as marriage and children born out of it are not illegitimate. This verdict came just days after a Delhi High Court ruling which laid down that a partner in a live-in relationship can walk out of it at any point of time without any legal consequence and neither of the partners can complain of infidelity if one deserts the other. It held that “live-in is a walk-in and walk-out relationship. There are no strings attached to it nor the same creates any legal bond between the parties. Such a thing is a contract of living together which is renewed every day by the parties and can be terminated by either without consent of the other party.” In mid-2008, the National Commission for Women recommended that a woman in a live-in relationship should be entitled to maintenance if she is deserted by her partner. The commission sought a change in the definition of ‘‘wife’’ as described in the Section 125 of Criminal Procedure Code (CrPC), which deals with maintenance and suggested that it should include women involved in a live-in relationship. The move aims at harmonising other sections of the law with the PWDVA that treats a live-in couple’s relationship on a par with that between a legally married husband and wife. The state of Maharashtra also okayed this proposal in 2008 but it requires the final nod of the Centre. Section 125 provides for maintenance of wife, children and parents, who cannot maintain themselves. As of now maintenance can only be claimed by a woman who is a wife, has either been divorced or has obtained a divorce, or is legally separated and is not remarried. It is hoped that the Supreme Court would urgently interpret the whole issue thoroughly in order to ensure that there is no room for any ambiguity for lower courts in the country while dealing with issues related to live-in. Until the concept is granted statutory recognition by Parliament, it is imperative for the judiciary to clear its stand over the same so as to protect the interests of women in such relationships. (The writer is an advocate Punjab and Haryana High Court) Courtesy Tribune