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EDITORIAL

NOIDA/DELHI

THE HINDU

MONDAY, APRIL 28, 2014

MONDAY, APRIL 28, 2014

Revisiting the law on remission

n administrative decision that appeared to be a politically partisan misadventure has now become an opportunity for the judiciary to revisit the law. The Supreme Court has referred to a Constitution Bench the issues arising out of the Tamil Nadu governments attempt to release the seven life convicts in the Rajiv Gandhi assassination case. The State governments decision to release them was made a day after the Supreme Court commuted the death sentences of three of them in February on account of the long delay in disposing of their mercy petitions to the President. The States announcement touched a raw nerve in the Congress-led Union government, which challenged its legality. A three-judge Bench headed by Chief Justice P. Sathasivam had reserved orders on the scope of the provisions relating to grant of remission and it was expected that an unambiguous verdict would be delivered. However, the Court has found enough reasons to let the matter be decided by a larger Bench, as the existing body of case law does not present a clear picture on several questions. One immediate consequence of the Bench framing seven substantial questions of law is that the matter now seems less of a political and emotive issue than when the attempt was made to fast-track their freedom. One may wonder whether the Bench could not have referred the matter to a Constitution Bench at an earlier stage itself, or it could not have laid down the law on whether the State government was the appropriate government to invoke the power of remission to convicts who had been prosecuted by the Central Bureau of Investigation but convicted under sections of the Indian Penal Code and some Central laws. The 40-page order of the three-Judge Bench makes it amply clear that several issues had been raised during the arguments and that only a Constitution Bench could provide clear and nal answers. The Court has asked for an authoritative pronouncement on whether life imprisonment means imprisonment for the rest of ones life; and whether it was time that a special category of sentence imprisonment for life or a term in excess of 14 years without any remission can be created for cases in which the death penalty is deemed excessive and the regular life term with scope for remission after 14 years seems inadequate; and whether remission is still available to those whose sentences were commuted to life either by the President or the Governor or by the Supreme Court in judicial review. This is a case in which the Court will have to evaluate the competing merits of multiple considerations: adequacy of punishment, right of release after prolonged incarceration and the need to lay down a process for exercising the sovereign power of remission.

he founder of Pakistan, Muhammad Ali Jinnah never claimed that all Muslims were a nation. He said that only for Muslims in undivided India who he felt constituted a nation within the subcontinent and were therefore entitled to an equal say in the Constitution-making regardless of their numbers. He made it clear when he said that Muslims had demanded self-determination on the basis of India for Indians and that Muslims were Indians. In other words, their claim to the right of self-determination was based on the principle that Muslims were the sons and daughters of India and not outside its milieu. When Jinnah termed Indian Muslims as a nation, it was consociationalism that served as a counter to the Congress partys claim to speak for all Indians. Jinnah pointed toward and he was not the rst the superciality of the Hindu-Muslim interaction. Regrettably for Jinnah, Hindus and Muslims had failed to forge a common Indian identity on a mass level and instead had formed communal identities that had been rendered non-negotiable by the Khilafat and Non-cooperation Movements. The former ambassador of HinduMuslim unity argued therefore that Hindu-Muslim interaction had been limited to the educated upper classes, and while Hindus and Muslims lived together, they did so in silos.

In the cross hairs of the extremists T

Yasser Latif Hamdani

The doublespeak among Pakistans middle class is pushing the country backwards. But there is still hope
not likely to happen unless and until India faithfully follows its constitutional directive and implements a uniform civil code for all people of India a move that ironically is resisted by front-rank secularists in India. In many ways, by keeping the magnicent, secular Constitution of India hostage to the Muslim minoritys special status, as was evident in the aftermath of the Shah Bano case, India has squandered the one major benet of Partition. Was Jinnah right or wrong is beyond the scope of the discussion here; it is an issue that lends itself to subjective interpretation. What we do know is that Pakistan abandoned Jinnahs postulates soon after his demise. The Indian in the identity of the Indian Muslim was downplayed by the state which was seeking to identify itself as non-India. Pakistan, despite its constitutional guarantee of equality of citizenship, has in practice failed to give non-Muslim Pakistanis the equal rights that were promised to them. Consequently, Jinnahs Law Minister, a Scheduled Caste Hindu, left Pakistan in the early 1950s, alleging a breach of faith. Since the departure of Bangladesh in 1971, Pakistan replaced the ethnic and cultural interpretation of the Muslim identity for a theological one and has burdened itself with the constitutional responsibility to Islamise its state and society. General Zia-ul-Haqs dictatorship gave this constitutional imperative its teeth and restructured society around a selective and medieval interpretation of religious doctrine. The remaking of society under Gen. Zia coupled with a highly effective re-education of Pakistanis has created a generation of bigots. Simultaneously, the class structure in Pakistan has changed considerably owing to the former lower peasantrys elevation into the ranks of an ever-increasing middle class. A drive on the famed Grand Trunk Road from Lahore to Islamabad shows how a rural middle class has emerged and has in fact urbanised. Middle classes everywhere tend to be

The decline of Jinnahs postulates

When Jinnah proposed Pakistan, whether independent or within an Indian union, he maintained that it would have almost equal numbers of non-Muslims in it. In any event, Jinnahs conception of citizenship, whether in India or in Pakistan was completely secular; he stood for equal citizenship for all people regardless of their religious or cultural identities. Pakistan as a state, in his view, could only be based on a social contract between the state and the people regardless of what religion they followed. In due course he expected, perhaps naively, that Hindus and Muslims would forge new secular identities on both sides of the border. Even in India that has not come to pass and is

CARTOONSCAPE

Ensuring accuracy of rolls

he shocking state of affairs revealed by reports of several lakh names of voters missing from the electoral rolls in Maharashtra, mainly from the countrys nancial capital, Mumbai, in the most recent phase of the 2014 Lok Sabha polls, has raised troubling questions about the efficiency of the process of periodic electoral rolls revision, inclusion of new voters who have attained 18 years of age, and special enrolment drives and camps periodically organised by the election authorities before a general election or byelection. The irony weighs even more heavily on the popular mind as the Election Commission of India (ECI) way back in 1993 not only initiated the issue of Electors Photo Identity Cards (EPIC), but also followed it up with computerisation of the entire electoral rolls in a phased manner. States like Kerala and Tamil Nadu went a step further in publishing photo electoral rolls (displaying the image of every voter on the rolls on printed sheets in all the Assembly constituencies). Such measures, including the more recent online registration of voters, were meant to ensure a near-foolproof voters list over a period of time, besides eliminating impersonation and bogus voting. Nonetheless, for all the application of latest information technology tools as recently as April 8 this year the ECI launched a national-level online electoral roll search that could be used by voters even from their smartphones to search their names on the rolls there are still thousands of instances of names of citizens who have been long-time residents at a given address being struck off the rolls. It is a grim reminder that technology cannot be a substitute for care, verication and proper supervision of the process. Burgeoning urbanisation, with people frequently shifting residences, or large numbers of migrant workers moving to cities, calls for a great deal of care to ensure that all eligible voters are included. The process of inclusion and deletion has perforce to be decentralised at the ward level, and the changes made by authorised officials linked to a realtime database that can quickly reect these changes. This should be possible as the EPIC gives a unique number to every registered voter. Address-change verication processes could also be made citizen-friendly: long lists of apparently missing names that are stuck on house doors often go unnoticed. The distribution of booth slips by the ECI helps those on the rolls nd their polling booths. It is an innovation that has owed from the system of distribution of slips adopted by political parties whose stakes in the elections are high and who are keen to bring in the voters. It is equally important that staying on the rolls or getting on to them is not made a tedious or burdensome task.

more conservative and cautious. In Pakistan, the middle class is also one that has been radicalised by three decades of reeducation by the state. The warped world view that has emerged has also given the middle class in Pakistan a sense of being a part of the global Muslim minority instead of being a localised majority. It is in this context that Imran Khans Pakistan Tehreek-e-Insaf has managed to mobilise the middle class around an agenda of self-righteousness, morality and anti-Americanism. The cricketer-turned politician who is currently the most charismatic gure on the Pakistani political scene has singlehandedly managed to distort the narrative on the issue of Taliban and terrorism. The Taliban has been presented as the by-product of the imperialist American war on Pakistan and Islam with genuine grievances. At best, the Taliban is seen by the radicalised middle class as our misguided brothers but brothers nevertheless. It therefore is to be accorded every opportunity to come into the mainstream. The whole dialogue process, which enjoys considerable support from the middle classes, especially in Punjab and Khyber Pakhtunkhwa, has been put on the states agenda through the pressure exerted by Mr. Khans party and its more conservative allies like the Jamaat-e-Islami. The Jamaat-e-Islami, that had been one of the most notable opponents of Jinnah and the Muslim League in the pre-Partition era, has sought to inltrate bourgeoisie institutions of the state namely the civil-military bureaucracy and intelligence services and was at the forefront of the ideological supporters of Gen. Zias Islamisation project. In doing so, it became the self-appointed guardian of Pakistans Islamic ideology. Today, it is the most vocal supporter of the Taliban with one ex-chairman of the party describing Taliban militants as warriors of Islam and Strengthening civil institutions The solution to all of Pakistans ills lies the Taliban dead as martyrs. All this means cognitive dissonance and a ultimately in following faithfully the conprofound talent for doublethink among Pa- stitutional democratic process. One fervently hopes that with enough cycles of democracy, many of the things will fall in place. The persistent fear that Pakistanis have had in the last decade or so is whether or not their country will exist tomorrow. This is an irrational fear which can only be answered with a strengthening of civil institutions like Parliament and the judiciary. The independent judiciary another favourite of the middle classes has wrought a lot of harm on the jurisprudence in Pakistan since the successful conclusion of the lawyers movement ve years ago. But seen in its proper context, it is merely a growing pain. With time, the judiciary will play its role as the guardian of fundamental rights of the citizens of Pakistan. Ultimately, when enough voices will clamour to be heard, Pakistan will also revisit some of its national questions to positively reframe its identity, ideology and politics in pragmatic terms. It is too big a country to lend itself to one solitary idea or rationale. A stable prosperous and democratic Pakistan is sine qua non for the peace and security of all of South and Central Asia a fact that is not lost on our neighbours. In the long run on a sufficiently stretched-out timeline therefore Pakistan will likely realise Jinnahs aspirations of a modern progressive and inclusive democratic state. (Yasser Latif Hamdani is a lawyer and the author of Jinnah: Myth and Reality.)

kistans middle class. On one hand, there is the same old ag-waving nationalism at cricket matches but on the other, opponents of the state like the Taliban are championed and celebrated. Socially, an increasing number of Pakistanis are becoming religious and more middle-class women are donning the hijab which, till a decade ago, was a novelty at best. More disturbing, however, is the willingness of this middle class to voluntarily give up on the civil liberties and constitutional safeguards promised to it by the Constitution. A recent survey revealed, for example, that more Pakistani citizens are open to the idea of censorship on the Internet than citizens of any other country. Consequently the YouTube ban, which is unconstitutional and illegal, enjoys widespread support despite the fact that the same people routinely access the website through proxy servers and Virtual Private Networks. All is not bleak though. A nation state in the 21st century of over 180 million people, with the 26th largest economy in terms of purchasing power parity, cannot sustain the current state of affairs. Conservative and utterly confused the Pakistani middle class may be, but it is also increasingly globalised. Economic interests more than anything else dictate that Pakistanis increasingly are being confronted with ideas that challenge their hard-boiled notions about religion and the world at large. More middle class women are entering the workplace, hijabs or no hijabs, than ever before. A robust media, while also problematic at times, has helped unleash a multitude of voices that are keeping a check on the state forcing it to react differently, at times nervously, to the question of dissent. Obviously this comes with the risks in a transitional society as was so painfully obvious in the recent attack on the journalist Raza Rumi. But it will prove to be a Herculean task for the extremists to silence everyone in Pakistan. As a result, the debate in Pakistan continues on almost every contentious issue with refuseniks and dissenters holding their own.

LETTERS TO THE EDITOR

Ramdevs comments
Baba Ramdevs comments against Congress vice-president Rahul Gandhi are downright despicable. (Ramdev is sorry, but FIR led, April 27) Ramdev has added yet another sordid chapter to the vicious nature of the poll campaign. His distasteful jibes at Rahul Gandhi and in effect Dalit women represent a blatant attempt to cast aspersions on the Dalit community as a whole. The remarks coming from a spiritual and yoga master like Ramdev point to a feudal mindset that can be associated with the Sangh Parivar. The Bharatiya Janata Partys defence seems to be an attempt at damage control. The Election Commission should impose a blanket ban on Baba Ramdev campaigning for elections. J. Anantha Padmanabhan, Tiruchi It appears that the yoga that Baba Ramdev teaches has not taught him any self-restraint. His remark is an insult to women in general and Dalits in particular. As is the wont for many politicians, he too has made a U-turn claiming that what he said was misconstrued.The fact that the BJP did not condemn his statement whole-heartedly means it is inwardly supporting it. I yearn for an election where candidates and their supporters will put forth their own blueprint for the development of the country, and nothing else. A. Jainulabdeen, Chennai Baba Ramdevs comment verges on the outrageous and exposes the hollowness of the saffron brigades espousal of cultural nationalism. Clearly, it degrades and demeans Dalit women. The implication of the comment is that Dalit women have no morals. Rather than reprimanding him for hurting Dalit feelings and asking him to speak and behave in an appropriate manner, the BJP seeks to justify the comment by alleging that it was distorted. G. David Milton, Kanyakumari

Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials. footing. Land that has turned barren after mining must also be the target of reforestation or considered as possible reservoir sites. Major reservoirs must be deepened. Drip irrigation systems must be implemented and agricultural universities must train rural youth in water conservation methods. Not a single political party has highlighted the need to tackle natural exigencies. At the same time, Genetically This is with reference to the report Modied crops that are droughtRahul harps on Brand resistant must be thought of. G. Azeemoddin, Telangana, (April 26). The Made Anantapur in India tag is one that is proudly worn by products of all kinds manufactured in our country. The possibility of an El Nio this Weve seen Made in China, Made year will be a test of planning for in Germany, but never Made in our authorities as well as the new Dortmund or Made in Beijing. government at the Centre. The must encourage This Made in India tag is a symbol authorities of the nation. The sort of division rainwater harvesting in all metro that Mr. Gandhi seems to envision cities. There must be enhanced will only serve to deepen the citizens' participation in water divides in this already fractured conservation attempts. Ashish Ujlayan, nation. A troubling picture in New Delhi which people are ghting about how Made in Maharashtra is better than Made in Karnataka It will be incorrect to link the El forms in my mind. Symbols and Nio factor to the vagaries of the words are very important and Indian monsoon. Specically, all political leaders ought to choose monsoon-related factors are linked their words carefully. to the island masses in the Bay of Satya Mohan Chaturvedula, Bengal and near a part of the Brodiepet, Guntur northern Sumatran region. Based on an observation of worldwide seismic and weather events for six years, I would like IMD experts not The new government must get to predict the Indian monsoons down to ghting the ill-effects of El based on statistical and other Nio on all fronts using modern models, without including science (Editorial, Preparing for a geological factors in the Bay of poor monsoon, April 26). The fact Bengal and the northern Indian that we cannot take the monsoon Ocean. My ndings connecting the for granted should dawn on our rainfall precursor to earthquakes planners, who must now plan for a have been published in the peer poor monsoon every year. reviewed journal, International Conservation of water, rainwater Journal of Geosciences. S. Prakash, harvesting and afforestation Tiruchi programmes must begin on a warwhose political views are different from mine, and I discussed briey the merits and demerits of the main parties contesting. If people from the same family opt for different candidates and parties, it is but a signal that democracy is maturing. Sivamani Vasudevan, Chennai It is the poor farmer who must be equipped with everything to face a poor monsoon. Even though the IMD keeps talking about El Nio, I am sure that farmers in India have no idea what it is all about. The new government must have a very proactive Ministry of Agriculture. Harish T., Coimbatore

Joining the BJP

It has been reported that Dr. Manmohan Singh and his family are upset over the Prime Ministers half-brother Daljeet Singh joining the Bharatiya Janata Party (Manmohan saddened by brothers decision to join BJP, April 26). There are numerous instances of families joining different political parties including Chiranjeevi and Pawan Kalyan, Digvijay Singh and Lakshman Singh. Dr. Singh must have felt bad and embarrassed and expressed his dissatisfaction over his brothers loyalty to the BJP, but this is beyond his control. Vijay D. Patil, Pune A politicians sibling or close relative joining a party competing with the formers, is neither new nor unheard of. It is not clear why Prime Minister Manmohan Singh feels unhappy about his brother joining the BJP, or why the party whichhas acquired the new entrant is so excited about it and thinks it has scored a political point. The media, too, are overreacting to this. There are instances of couples living underthe same roof believing in different political ideologies andpursuing them freely. Before going to the same booth together to cast our vote on April 24, my wife,

Brand Telangana

'Beneciaries
This is with reference to the report Bachchan, Parrikar, Sachin, Ponting beneciaries of MNREGA in Goa (April 27). It was amusing as well as startling to nd that the names of some illustrious sportspersons, lm stars and politicians nd a place in the list of beneciaries of a scheme meant for the rural poor. Only a thorough investigation will reveal the truth. K.D.Viswanaathan, Coimbatore

Death of a Major
I could hardly control my tears on seeing the beautiful photo of the family of Major Mukund Varadharajan,who was killed in an encounter with Hizbul Mujahideen militants in South Kashmir (Tambaram mourns a braveheart, April 27, some editions). How long do we have to be witness to an ineffective government? Year after year we hear news of young and brave men sacricing their lives for the country. No other governmentin the world is so docile when it comes to the defence of their country. Of what use are empty statements such as we cannot be cowed down by terror? The sooner we are led by a government with a strong will, the better. K.R. Venkataramani, Coimbatore
ND-ND

Decient monsoon

CM YK